What is a buyout option and how is fair market value determined for my share? – North Carolina Short Answer In a North Carolina partition case involving heirs property, a buyout option lets one or more co-owners purchase the interests of those asking for a court-ordered sale at the court-determined fair market value. The clerk…
How do I safely inspect and inventory a hoarded property that’s far away? – North Carolina Short Answer In North Carolina, a personal representative must preserve estate assets and file an inventory within three months of qualifying. If a residence is hoarded and remote, you may secure access, hire local insured professionals (e.g., cleanup, appraisers)…
What steps can I take if I can’t locate or reach a potential co-executor or heir? – North Carolina Short Answer In North Carolina, if a named co-executor cannot be reached or does not qualify, you can ask the Clerk of Superior Court to treat that person as having renounced after statutory notice, allowing you…
What exactly do I need to submit in the inventory and accounting to get court approval? – North Carolina Short Answer In North Carolina, you must file a detailed inventory within three months of qualifying that lists all real and personal property that came into your possession, with fair market values as of the date…
How can I open probate for my mom’s estate when her will was handwritten and only notarized? – North Carolina Short Answer In North Carolina, a handwritten will (a “holographic” will) is valid if it is entirely in your mom’s handwriting and signed by her; a notary is not required. To open probate, file the…
How do I open probate for my stepfather’s estate and determine what assets belong to me? – North Carolina Short Answer In North Carolina, you open probate with the Clerk of Superior Court in the county where each decedent lived, using the state forms to request “letters” that give you legal authority. A handwritten will…
What steps do I need to confirm and secure ownership of the house my mom and stepfather held together? – North Carolina Short Answer In North Carolina, the deed controls. If your mom and stepfather held the home as spouses with a built-in right of survivorship (tenancy by the entirety), your stepfather became the sole…
Can I challenge my son’s attempt to remove me from the family home after both parents died? – North Carolina Short Answer Yes. In North Carolina, your right to stay depends on how title passed after each death and whether you (or another personal representative) have been appointed by the Clerk of Superior Court. You…
What happens if neither parent’s estate has been administered—will that affect my rights to inherit? – North Carolina Short Answer In North Carolina, your inheritance does not disappear just because no one opened probate. Title to real estate generally passes at death—to heirs if there’s no will, or to devisees once a will is probated—but…
Can I recover personal property after a co-owner wrongfully removed it from our shared house? – North Carolina Short Answer Yes. In North Carolina, a partition case addresses the real estate, not your personal belongings. To recover personal items a co-owner removed, you typically bring a separate civil claim (often conversion) and, if needed, ask…
