How an Hourly Retainer Fee Works in a North Carolina Probate Case 1. Detailed Answer When you hire an attorney to handle a probate administration in North Carolina, you typically enter into a written fee agreement. In most cases, the lawyer will require an hourly retainer fee, sometimes called a deposit or advance, before beginning…
What steps do I need to take to become the administrator of an intestate estate after a sudden loss? Detailed Answer: Navigating Administrator Appointment under North Carolina Law When someone dies without a valid will (intestate), North Carolina law requires the court to appoint an administrator to settle the estate. You can follow these steps…
How does the creditor notice period during probate in North Carolina affect my ability to sell an inherited property? Detailed Answer When someone passes away in North Carolina, the personal representative (formerly called executor) must notify creditors of the estate. Under N.C. Gen. Stat. § 28A-18-3, the personal representative must: Publish notice in a newspaper…
What legal options are available if a family member is refusing to submit a will for probate? Detailed Answer When a family member holds a loved one’s original will and refuses to turn it over, beneficiaries and other interested parties have several legal remedies under North Carolina law. Acting promptly helps protect the decedent’s wishes…
What is the process for distributing the sale proceeds and handling attorney fees after the hearing is scheduled? Detailed Answer In North Carolina probate, once the clerk has scheduled and held the hearing to confirm the sale of estate property and to allow commissions and attorney fees, the personal representative follows several steps to distribute…
Detailed Answer In North Carolina, when someone dies owning real estate, and that property passes to multiple heirs, each heir holds an undivided share as tenants in common. Under N.C. Gen. Stat. § 41-10, any co-owner can file a partition action in court to divide the land or force a public sale. To avoid a…
How to Open a Probate Estate and Transfer Assets in North Carolina Detailed Answer After a court appoints you as personal representative, you manage the estate, pay debts and distribute assets. North Carolina’s probate statutes guide each step. Follow this process to open the estate and transfer property legally. 1. File a Petition with the…
What should I do if my notarized probate paperwork goes missing in the mail? Detailed Answer Sending notarized probate forms through the mail creates a critical step in opening an estate. If those documents never reach the clerk’s office, you risk delay or complications in the administration process. Here are the best practices under North…
What Should I Do If I Haven’t Received My Probate Retainer Agreement Email in North Carolina and How Long Should I Wait Before Checking My Spam Folder? Detailed Answer When you hire an attorney to guide you through probate in North Carolina, the firm typically sends a written retainer agreement by email. This document explains…
How to Reopen a Deceased Parent’s Estate in North Carolina for a Toxic Water Lawsuit Settlement 1. Detailed Answer If you closed your parent’s estate and now need to claim proceeds from a toxic water lawsuit settlement, North Carolina law lets you reopen the estate to collect and distribute these new assets. Here’s what you…
