What should I know about half-siblings and inheritance in North Carolina?

What should I know about half-siblings and inheritance in North Carolina? 1. Detailed Answer In North Carolina, half-siblings—those who share one biological parent—have recognized rights when someone dies without a valid will (intestate). The law treats them as part of the decedent’s “kindred” or family line for intestate succession. Here’s how this works in practice:…

Can an executor legally enter a decedent’s home and remove personal property before letters testamentary are issued?

Detailed Answer In North Carolina, an executor must hold Letters Testamentary before exercising authority over a decedent’s estate. Under N.C. Gen. Stat. § 28A-6-1, the clerk of superior court issues Letters Testamentary only after the executor qualifies by oath and bond. These letters grant the legal right to collect assets, pay debts, and distribute property.…

How can heirs recover surplus foreclosure sale funds in North Carolina to pay estate debts and probate costs?

Recovering Surplus Foreclosure Sale Funds in North Carolina to Settle Estate Debts 1. Detailed Answer When a foreclosed property in North Carolina sells for more than the mortgage balance and sale costs, the excess proceeds—called surplus funds—remain with the clerk of superior court. If the property belonged to someone who has died, heirs or the…

How can a personal representative confirm if two billing statements from the same medical provider are separate or superseding claims?

How can a personal representative confirm if two billing statements from the same medical provider are separate or superseding claims? Detailed Answer When you serve as a personal representative for an estate in North Carolina, you’ll receive claims from creditors and service providers. Medical providers often send billing statements for care rendered to the decedent.…

How do I appraise farm equipment and vehicles when co-heirs dispute ownership in North Carolina probate?

Detailed Answer Probate in North Carolina requires the personal representative (formerly executor or administrator) to inventory and appraise all estate assets, including farm equipment and vehicles. North Carolina General Statute §28A-15-3 mandates that the representative file an inventory and appraisement within 90 days of appointment. This appraisement must reflect the fair market value of personal…

Which documents should I gather before contacting a North Carolina probate attorney about an estate?

Which documents should I gather before contacting a North Carolina probate attorney about an estate? Understanding Probate Document Requirements When someone passes away in North Carolina, you must open a probate estate to settle debts and distribute assets. Gathering the right paperwork before you meet with a probate attorney can speed up the process and…