Category Archives: Probate Q&A Series

How is my portion of the attorney fees determined when the scope of representation shifts from probate administration to handling a partition action that benefits multiple heirs?

How Are Attorney Fees Determined in North Carolina Probate Cases? The determination of attorney fees in North Carolina probate cases depends on several factors that relate to the complexity of the case, the scope of legal services rendered, and any agreements made with the client. When probate matters involve multiple parties or instances where representation…

What Is a Partition Action in North Carolina and How Does It Work?

What Is a Partition Action in North Carolina and How Does It Work? A partition action is a legal process that allows co-owners of real property—such as inherited or jointly purchased property—to divide or force the sale of the property when they no longer wish to share it. In North Carolina, every co-owner has the…

What Are the Initial Steps in Handling a Simple Probate Estate in North Carolina?

What Are the Initial Steps in Handling a Simple Probate Estate in North Carolina? Navigating the probate process for a simple estate in North Carolina begins with filing the necessary documents at the appropriate county courthouse. In cases like the one discussed—where a grandmother’s estate had few assets—a properly filed will and death certification are…

How Do I Recover Surplus Funds After a Foreclosure in North Carolina?

What Is a Partition Action in North Carolina Probate? A partition action allows co-owners of property, such as family members inheriting real estate, to force a sale when they cannot agree on its use or disposition. In Mecklenburg County, where disputes over inherited property are common, a partition action gives a legal avenue to sell…

How Does North Carolina Probate Address Discrepancies in Vehicle Gifts?

How Does North Carolina Probate Address Discrepancies in Vehicle Gifts? In North Carolina probate, a will must clearly describe any asset gifted – including vehicles identified by model year, make, or other identifiers. If a will specifies a 2008 vehicle, yet the estate contains a 2019 replacement because of an accident or other circumstance, questions…

What Should I Do If I Receive Probate Forms From Another State?

What Should I Do If I Receive Probate Forms From Another State? If you reside in Charlotte, North Carolina, but you received probate documents from another state – such as New York – it is important to recognize that each jurisdiction has its own probate procedures and form requirements. North Carolina law and New York…

How Is an Intestate Estate Distributed in North Carolina?

How Is an Intestate Estate Distributed in North Carolina? When a North Carolina decedent dies without a valid will, their assets are distributed according to the state’s intestate succession laws. In these cases, North Carolina statutes dictate how the surviving spouse and lineal descendants receive the property. Generally, if the decedent was survived by a…

How Can I Disclaim an Inheritance in North Carolina?

How Can I Disclaim an Inheritance in North Carolina? Disclaiming an inheritance means legally refusing to accept property or assets that pass to you under a will or by intestate succession. In North Carolina, you must follow specific steps, which start with a written disclaimer that is filed within the time prescribed by law. The…

Can a Power of Attorney Draft a Will for a Loved One with Dementia in North Carolina?

Can a Power of Attorney Draft a Will for a Loved One with Dementia in North Carolina? In North Carolina, a will must be executed by a person of sound mind, who clearly understands the nature and extent of the act of drafting a will. The law requires that the testator communicate their wishes without…

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

How Can a Surviving Spouse Transfer Property Title Without Opening Probate in North Carolina? In North Carolina, if the property was owned as joint tenants with rights of survivorship, the surviving spouse may not need to open probate to transfer the title. In the transcript, the corrective deed executed on the same day established that…