What can be done if someone transferred my parent’s business into their own name while my parent was sick?: North Carolina

What can be done if someone transferred my parent’s business into their own name while my parent was sick? – North Carolina Short Answer North Carolina law allows courts to unwind transfers made when a parent lacked capacity or when an agent under a power of attorney breached fiduciary duties. The Clerk of Superior Court…

What documents and information should I gather before meeting a lawyer about probate or partition?: North Carolina

What documents and information should I gather before meeting a lawyer about probate or partition? – North Carolina Short Answer In North Carolina, bring identity and family details, the original will (if any) and a certified death certificate, a list of assets and debts with date‑of‑death values, and copies of deeds and titles. For partition,…

How can I tell whether my situation needs probate or if there’s a simpler alternative?: North Carolina

How can I tell whether my situation needs probate or if there’s a simpler alternative? – North Carolina Short Answer In North Carolina, probate is needed when the decedent left “probate assets” that require a court‑appointed personal representative to collect, pay claims, and transfer title. If the estate has only non‑probate assets (for example, joint…

What immediate steps should I take to secure assets and handle bills before probate is opened?: North Carolina

What immediate steps should I take to secure assets and handle bills before probate is opened? – North Carolina Short Answer In North Carolina, only a court‑appointed personal representative has legal authority to collect estate assets and pay most bills. Before probate opens, focus on preserving property: secure the residence and vehicles, keep essential insurance…