How Are Probate Attorney Fees Paid From Sale Proceeds During a North Carolina Probate Hearing? When a North Carolina clerk holds a hearing on petitions to approve attorney fees, the court follows the statutory allowances set out in N.C. Gen. Stat. § 28A-18-2. At that hearing, the personal representative’s counsel will request a reasonable fee…
How does owning North Carolina real estate as tenants by the entirety avoid probate and simplify title transfer? In North Carolina, when a married couple holds real property as tenants by the entirety, each spouse owns the whole property together rather than owning individual shares. On the death of one spouse, the property automatically vests…
What Is a Corporate Resolution for a Loan Extension in Probate Administration? When an estate holds an ownership interest in a corporation or an LLC, major transactions require formal approval recorded in writing. A corporate resolution (or member resolution in an LLC) documents that the estate’s personal representative and any other members agree to extend…
FAQ 1: When Do I Need a North Carolina Probate Attorney and What Are the Jurisdictional Requirements? Before you engage a North Carolina probate attorney, determine whether North Carolina courts have jurisdiction over the estate. Under North Carolina law, you generally need a local probate attorney if the decedent either resided here at death or…
1. Why Must a Guardian Obtain a Court Order Before Selling a Ward’s Real Property in North Carolina? North Carolina law protects vulnerable adults by strictly limiting a guardian’s authority over real estate. Even if the clerk’s order appointing you grants “full powers” over the estate, you still need a separate order before signing any…
1. What steps should I take if someone is misusing or trying to sell an estate vehicle without authority in Wake County, NC? When a decedent owned a vehicle, the car becomes estate property and no one—including family members—has the right to drive, repair, or sell it without court approval. In Wake County, the personal…
FAQ: What information and documents should I gather before contacting a North Carolina probate attorney? When you call a probate attorney to discuss an estate, having the right information at hand speeds up the process and allows the attorney to give you precise guidance. North Carolina courts require certain documents to open an estate under…
1. What Documents and Information Should I Gather Before Calling a North Carolina Probate Attorney and Notifying My Bank? When the bank (for example, Chase) reaches out about an estate, you want to be prepared. Gathering key documents and details will make your conversation with a North Carolina probate attorney productive. You will also be…
Do I Have to Pay North Carolina Probate Attorney Fees Upfront and Can I Seek Reimbursement from the Estate? Many families worry about covering lawyer fees when opening an estate. In North Carolina, attorneys often require a retainer or deposit into the firm’s trust account before starting work. This up-front payment secures the lawyer’s time…
Do I need to record a new deed after inheriting property in Halifax County, NC? Under North Carolina law, real property owned by a decedent passes automatically to heirs at the moment of death by operation of intestate succession (G.S. 29-14). Even though you legally own the land, the public record at the Halifax County…
