How can I plan ahead to avoid ancillary probate in North Carolina for out-of-state property?

FAQ 1: What planning tools prevent ancillary probate for out-of-state property? Detailed Answer If you live outside North Carolina but own real estate here, North Carolina law generally requires an ancillary personal representative in the county where the property sits. Under N.C.G.S. § 28A-18-1, an out-of-state executor must “qualify” in the local county to clear…

How can proactive estate planning protect inheritances from creditors and avoid probate delays across states?

How can a spendthrift trust protect my beneficiary’s inheritance from bankruptcy claims? Detailed Answer When you leave assets outright to a beneficiary, a creditor or a bankruptcy trustee can claim that inheritance. In a Chapter 7 bankruptcy, the trustee can demand turnover of property that the heir has rights to. To avoid this, North Carolina…