Do I need to go through probate to transfer a property deed with rights of survivorship after a spouse’s death?

Do I Need to Go Through Probate to Transfer a Property Deed with Rights of Survivorship After a Spouse’s Death? Understanding Joint Ownership and Survivorship Rights in North Carolina In North Carolina, married couples often hold real estate as tenants by the entirety or as joint tenants with right of survivorship. Both forms of ownership…

What steps can beneficiaries take when an executor withholds asset appraisal details or undervalues inherited property?

What steps can beneficiaries take when an executor withholds asset appraisal details or undervalues inherited property? Understanding Your Rights as a Beneficiary When someone you love passes away, the executor (also called a personal representative) must collect, manage, and distribute the estate assets according to North Carolina law. Under N.C. Gen. Stat. § 28A-15-3, the…

Should I Establish a Trust Even If I Have Beneficiary Designations in Place to Avoid Probate?

Should I Establish a Trust Even If I Have Beneficiary Designations in Place to Avoid Probate? Detailed Answer Many people rely on beneficiary designations—on life insurance policies, retirement accounts or payable-on-death bank accounts—to transfer assets outside of probate. While these designations can bypass probate for specific accounts, they do not address all your property. In…

Do I need to open separate probate accounts for myself and my brother in North Carolina, and how can I ensure that his cash distribution won’t adversely affect his benefits?

Do I Need to Open Separate Probate Accounts for Myself and My Brother in North Carolina, and How Can I Ensure That His Cash Distribution Won’t Adversely Affect His Benefits? Detailed Answer When you administer an estate in North Carolina, you must keep the estate’s funds completely separate from your own money. North Carolina General…

What factors contribute to delays in probate cases involving multiple property petitions and extensive family tree verifications?

What factors contribute to delays in probate cases involving multiple property petitions and extensive family tree verifications? Detailed Answer Probate resolves the transfer of assets of a deceased person. When an estate includes several parcels of real property or a complex list of heirs, the process can slow significantly. In North Carolina, the clerk of…

When is it necessary to open an estate in a partition case involving inherited properties, and how does the two-year rule affect this requirement?

When Is It Necessary to Open an Estate in a Partition Case Involving Inherited Properties, and How Does the Two-Year Rule Affect This Requirement? Detailed Answer In North Carolina, co-owners of real property may ask a court to divide land through a partition action under Chapter 46 of the General Statutes. If the property once…