Understanding Wrongful Death Claims in North Carolina A wrongful death claim arises when someone’s negligent or intentional act leads to another person’s death. Under North Carolina law, only the personal representative of the deceased’s estate may bring a wrongful death action on behalf of surviving family members. See N.C. Gen. Stat. § 28A-18-2. Types of…
How do North Carolina probate procedures adapt in wrongful death cases when an interested party’s whereabouts cannot be readily determined? Detailed Answer When a wrongful death claim generates proceeds, the court supervises distribution under North Carolina law. N.C. Gen. Stat. §28A-18-2 establishes who inherits those funds. Sometimes one of the statutory beneficiaries cannot be located.…
Detailed Answer When a person dies because of another party’s negligence or intentional act, North Carolina law allows the decedent’s personal representative to bring a wrongful death claim on behalf of the estate, heirs and dependents. The probate process ensures that the claim proceeds in an orderly fashion and that any recovery becomes part of…
How a Wrongful Death Claim Affects Probate and Estate Distribution in North Carolina Detailed Answer When a loved one dies because of someone else’s negligence or wrongful act, their family may pursue two separate legal actions under North Carolina law: a survival action and a wrongful death claim. Each affects the probate process and estate…
What should I do if I suspect unclaimed property includes funds from a wrongful death settlement? Detailed Answer If you believe funds from a wrongful death settlement ended up as unclaimed property, act promptly. North Carolina’s Unclaimed Property Act (Chapter 116B of the North Carolina General Statutes) requires businesses and financial institutions to turn over…
Detailed Answer When a loved one passes away leaving a will that names multiple heirs but only one surviving child remains, you will need to open probate to transfer the decedent’s property lawfully. In North Carolina, probate takes place in the Clerk of Superior Court’s office in the county where the decedent lived. 1. Locate…
Detailed Answer In North Carolina, co-owners of real property share an equal right to possession. That means you cannot unilaterally lock out a fellow owner without facing possible criminal or civil consequences. Under North Carolina law, breaking and entering is defined in N.C. Gen. Stat. § 14-54. If you change the locks and prevent another…
Should I Hire a Probate Attorney in North Carolina to Handle Estate and Wrongful Death Settlement Matters, or Can I Complete the Process Myself? 1. Detailed Answer When someone dies, their assets and debts typically pass through the probate process under North Carolina law. If the decedent had a valid will, the personal representative you…
Detailed Answer Losing a parent who owned vehicles titled in another state can feel overwhelming when they die without a will. North Carolina law provides clear steps for transferring or salvaging those vehicles. You must establish your authority under intestate succession, gather the proper documents, apply for North Carolina titles, and complete salvage requirements if…
How to Confirm Service of Updated Guardianship and Attorney Substitution Information in North Carolina Probate Cases 1. Detailed Answer When you update guardianship details or substitute an attorney in a North Carolina probate proceeding, you must notify every interested party. Proper notice ensures the court can proceed and protects everyone’s rights. Follow these steps under…
