Understanding Life Estates and Protecting Your Rights in North Carolina What Is a Life Estate and How Does It Protect a Life Tenant’s Rights? Under North Carolina law, a life estate grants an individual (the life tenant) the right to use and benefit from property for the duration of their life. The grantor conveys legal…
Probate Q&A: Checking Your Estate File and Handling Delays in Sampson County, NC 1. How do I find out what’s happening in my Sampson County estate file? As a beneficiary, you have a right to know the status of probate in the Sampson County Clerk’s office. North Carolina courts index estates by file number. After…
Consent Orders and Distribution in North Carolina Special Proceedings 1. What is a Consent Order of Sale in NC Special Proceedings? Under North Carolina law, parties in a probate special proceeding may agree in writing to sell estate property without a contested hearing. N.C. Gen. Stat. § 28A-19-1 authorizes the clerk of the superior court…
FAQ 1: What is ancillary probate and how do I administer an out-of-state property in North Carolina? When someone dies outside North Carolina owning real estate here, you must open an ancillary estate in the county where the land sits. North Carolina law (see G.S. 28A-15-1) allows an out-of-state personal representative to handle local property…
What steps prevent unauthorized sale of estate property while probating a will in Randolph County? 1. How do I probate a copy of a will and compel production of the original in Randolph County? To probate a copy of a will in Randolph County, you begin by filing a petition with the Clerk of Superior…
How do I open NC probate and transfer land and vehicles when someone dies without a will? FAQ 1: Opening Probate in Yakin County for an Intestate Estate When someone dies without a will in North Carolina, you must open an intestate estate to clear title to land and distribute assets under statute. In Yakin…
1. How do I access my deceased brother’s bank account through probate in Rowan County, NC? If a bank won’t release funds simply because you’re a non-resident sibling, North Carolina law requires you to qualify as the estate administrator. In Rowan County, you must file a petition with the Clerk of Superior Court under N.C.…
Can I open ancillary probate in North Carolina for a Tennessee resident’s property and how do I start NC probate? 1. Do I need ancillary probate in Cumberland County, NC if the decedent was a Tennessee resident? Yes. When a decedent lived in another state but left real property in North Carolina, you must open…
Two Common Questions About Selling Inherited Property in North Carolina 1. How Can Heirs Sell Inherited Property Without Court Intervention? Detailed Answer In North Carolina, when multiple heirs inherit real estate, they may avoid a formal partition action by simply agreeing to sell the property together. Under General Statute 46-1 (ncleg.gov/GS_46-1), any tenant in common…
1. How can I protect my disability benefits when you inherit assets? If you receive an inheritance while on disability benefits such as SSI or Medicaid, the inheritance may count as a resource and jeopardize your eligibility. North Carolina law allows you to shelter those assets by transferring them into an irrevocable third-party special needs…
