How can appointing a custodian under the Uniform Transfers to Minors Act help manage real property for a minor when a will doesn’t include proper trust language?

Probate Q&A Series

What Is Custodianship Under the Uniform Transfers to Minors Act and How Does It Differ from a Trust? A custodial arrangement under the Uniform Transfers to Minors Act allows property to be held for a minor’s benefit until they reach a specified age. In North Carolina, this method is especially useful when the decedent’s will…

What steps should be taken when adding an estate as a party to a partition action, and how can potential conflicts between estate representation and individual client interests be addressed?

Probate Q&A Series

Should the Estate be Added as a Party in a Partition Proceeding? In North Carolina, partition proceedings help resolve disputes among co-owners regarding the sale of property. When property sale occurs less than two years after the decedent’s death, legal requirements may necessitate adding the estate as a party. This step protects creditor claims, ensures…

What steps should I take as an estate administrator to recover a vehicle being withheld by a family member, and how will legal costs be handled through the estate?

Probate Q&A Series

How Can I Recover an Inherited Vehicle That a Family Member Is Withholding? When you serve as the administrator of an intestate estate in North Carolina and a family member is withholding an asset—such as an inherited vehicle—the proper remedy is to seek judicial assistance. In this situation, you must file a petition or motion…

How does obtaining a renunciation of rights from a higher-priority claimant expedite the probate administration process?

Probate Q&A Series

Can a Stepfather Serve as the Estate Administrator in North Carolina? In North Carolina, a stepfather may serve as the personal representative (administrator) of an estate provided that the proper legal procedures are followed. When a decedent leaves behind both a stepfather and a biological parent, North Carolina law requires determining priority among claimants. In…

How do I verify whether a deceased individual had additional insurance policies—such as family or commercial coverage—that may impact the estate’s settlement?

Probate Q&A Series

What Steps Should I Take to Verify Additional Auto Insurance Policies After a Loved One’s Death? When a loved one passes away and you are later faced with questions about auto insurance coverage, it becomes vital to verify every potential insurance policy they may have maintained. In North Carolina, checking for multiple policies is a…

Will signing a mediated settlement agreement affect an heir’s statutory interest in the property?

Probate Q&A Series

Does a Mediated Settlement Agreement Change a Beneficiary’s Inherited Interest? In North Carolina probate, a mediated settlement agreement does not alter a beneficiary’s inherited interest in the property. When co-heirs enter into a mediated settlement, it can provide a structured method for resolving disputes or offering a buyout opportunity. If a beneficiary is given the…

What legal steps should I consider when managing a property dispute involving power of attorney and an oral agreement, especially if the opposing party is threatening foreclosure?

Probate Q&A Series

Is an Oral Contract for a Real Estate Payment Agreement Enforceable in North Carolina? In North Carolina, an oral contract related to real estate transactions can sometimes be enforceable, but there are strict requirements. Under the North Carolina statute of frauds, many real estate agreements must be in writing. However, if an oral agreement does…

Can I begin hiring a real estate agent and preparing the property for sale while still waiting for final probate approval?

Probate Q&A Series

Can I Begin Hiring a Real Estate Agent and Prepare Sale Paperwork Before Full Probate Approval? In North Carolina probate, it is often acceptable to start the process of hiring a real estate agent and preparing the necessary paperwork before full court approval. However, final steps to sell the property may require confirmation from the…

What does it mean when a public administrator is appointed in probate, and how might that affect the distribution of my deceased parent’s assets?

Probate Q&A Series

What Does it Mean When a Public Administrator is Appointed in North Carolina Probate? In North Carolina probate, when a public administrator is appointed the court designates an impartial attorney to administer the estate. This appointment usually occurs when family members or other potential personal representatives cannot agree on who should manage the probate affairs.…