Do I Need a Lawyer Licensed in North Carolina for My Inherited Real Property? Detailed Answer If you inherit real property located in North Carolina, state law requires that anyone representing you in probate or real‐estate matters hold a valid North Carolina law license. North Carolina General Statute § 84-2.1 prohibits unlicensed individuals from practicing…
Can Stepchildren Inherit Under North Carolina Intestacy Laws Without Legal Adoption or a Will? Detailed Answer Under North Carolina law, intestate succession governs who inherits property when someone dies without a valid will. The statutes in Chapter 29 of the North Carolina General Statutes list close blood relatives and legally adopted children as beneficiaries. Stepchildren…
What Steps Are Required to Open and Complete an Intestate Estate in North Carolina When Someone Dies Without a Will? Step-by-Step Guide to Opening and Completing an Intestate Estate When someone dies without a valid will in North Carolina, they leave what is called an intestate estate. The court appoints a personal representative to administer…
How to Obtain Letters of Administration in North Carolina to Stop Foreclosure on Inherited Property Detailed Answer When a loved one dies without leaving a will or fails to name a personal representative, North Carolina law requires the court to appoint an administrator. Letters of Administration grant that administrator the authority to manage and protect…
Detailed Answer When a loved one loses the capacity to make personal, financial or health decisions, you may consider either a guardianship or a durable power of attorney. In North Carolina, these two tools serve different purposes, follow separate procedures and carry unique advantages and drawbacks. Guardianship in North Carolina Guardianship is a court-supervised appointment…
How do I update my mother’s will, trust, and powers of attorney in North Carolina? 1. Detailed Answer When you need to update your mother’s estate planning documents – her will, living trust, and powers of attorney – in North Carolina, you must follow formal steps to ensure each change stays valid and enforceable. Below…
Should I open Florida probate or North Carolina probate for my nonresident father’s assets? Detailed Answer If your father owned assets in more than one state, you will likely need to open probate in each state where he held property. The main administration happens where your father was legally domiciled at death. All other states…
Understanding Reimbursement Hearings and Attorney Fee Allocations in North Carolina Probate 1. Detailed Answer When an estate in North Carolina nears distribution, the personal representative often seeks reimbursement for expenses and compensation for legal services. The Clerk of Superior Court oversees these requests. Below is an overview of the key steps, rules, and timelines you…
How to Obtain Letters of Administration in North Carolina When a Co-Executor Lives Out-of-State Detailed Answer When someone dies without a will or an executor is unable or unwilling to serve, North Carolina law lets the court appoint a personal representative to manage the estate. This appointment comes in the form of Letters of Administration.…
Who is responsible for commissioner’s fees and attorney fees in a North Carolina partition action? Detailed Answer Commissioner’s Fees When parties cannot agree on dividing real estate, they may sue for a partition action in North Carolina. The court appoints impartial commissioners to survey the land, value the tracts, and recommend how to split or…
