1. How can I protect a terminally ill parent in Columbus County from an individual who is controlling her medical and financial decisions? Answer: When a loved one suffers from advanced illness and a new companion limits family access, you need to act quickly. In Columbus County (for example, Whiteville), gather evidence of diminished capacity.…
How Do I Transfer My Interest in Inherited Property to Other Co-Heirs in North Carolina? When you inherit real estate with multiple heirs in North Carolina, you can transfer your undivided interest by executing and recording a deed conveying your share to the remaining owners. This approach removes your name from title and shifts all…
How can I resolve property description discrepancies and confirm legal ownership when selling inherited co-owned real estate in North Carolina? When you inherit property that has multiple deeds, surveys or title documents, you must sort out the correct legal description before you can sell. In North Carolina, a co-owner can ask the court for a…
What initial steps must I take as executor to probate my grandparents’ wills in Wake County, NC? As the named executor, your first job is to qualify with the Wake County Clerk of Superior Court. Under N.C. Gen. Stat. § 28A-6-1, you file the original wills for Carolyn and Kathamiro Martinez and submit a petition…
FAQ 1: Why Is North Carolina Probate Administration Taking Longer Than Expected? Probate in North Carolina often moves at a slower pace than in some other states. Unlike Georgia’s streamlined process, North Carolina requires a series of formal steps. Clerks in each county—whether Wake, Mecklenburg or elsewhere—have discretion over filing requirements, bond amounts and scheduling…
What bond must an out-of-state personal representative post when administering an intestate estate in North Carolina? In North Carolina, any person appointed to administer an estate normally must post a fiduciary bond to guarantee faithful performance. Under N.C. Gen. Stat. § 28A-15-3, the clerk of superior court sets the bond amount based on the gross…
How should dividend checks from an inherited estate be handled when they arrive years after probate? When an heir or personal representative receives dividend checks made payable to a decedent or another beneficiary long after probate closed, they must follow North Carolina’s probate procedures to avoid disputes or liability. First, determine whether the estate remains…
What initial duties must I complete as a North Carolina estate administrator after obtaining Letters of Administration? Once a court issues your Letters of Administration, you step into the role of estate administrator. North Carolina law under N.C. Gen. Stat. § 28A-18-1 requires you to notify creditors and beneficiaries promptly. In Wake County (as an…
How can heirs in Durham County recover mortgage, HELOC, and utility payments on inherited property in North Carolina? When a property owner dies without selling real estate, title vests immediately in the heirs. In North Carolina, heirs become responsible for ongoing expenses—like mortgage, home-equity line of credit (HELOC) payments, insurance and utilities—as soon as the…
1. Do I Have to Serve Every Beneficiary in a North Carolina Probate Proceeding? Many personal representatives and attorneys wonder whether North Carolina law requires service of every interested heir or beneficiary when initiating a contested matter in probate. In most situations, you can serve the personal representative instead of tracking down each heir’s address.…
