How Can I Contest a Will and Protect My Rights When a Relative is Attempting to Sell Our Family Property in North Carolina? Detailed Answer If a relative tries to sell family property under a disputed will, you have tools to protect your inheritance rights. Start by confirming your status as an “interested person.” In…
Understanding the Impact of Delays in Spousal Allowance and Attorney Fee Petitions 1. Detailed Answer In North Carolina probate, two routine petitions often slow down estate administration: a petition for spousal allowance and a petition for attorney compensation. These delays can ripple through your entire probate timeline. Petition for Spousal Allowance Under N.C. Gen. Stat.…
When is a Partition Action Necessary in Probate Cases Involving Property Held as Tenants by the Entirety? Detailed Answer In North Carolina, married couples may hold real estate as tenants by the entirety. North Carolina General Statutes Chapter 41A governs this form of ownership. Under N.C. Gen. Stat. § 41A-1 (https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_41A/GS_41A-1.html), a tenancy by the…
Can a power of attorney obtain errors and omissions insurance to protect against legal liability in North Carolina? 1. Detailed Answer In North Carolina, a person serving as an agent under a power of attorney (often called an attorney-in-fact) owes strict fiduciary duties to the principal. These duties include acting in the principal’s best interest,…
How do I determine if a will has been filed with the probate division and what should I do if it hasn’t? How to Check if a Will Has Been Filed in North Carolina When someone dies, their will may guide the distribution of assets. In North Carolina, the first step is to confirm whether…
How to Contact the Clerk of Court in North Carolina for Partition Orders and Title Search Issues 1. Detailed Answer Understanding Your Local Clerk of Court In North Carolina, the Clerk of Superior Court serves as the custodian of case records, docket entries, and court orders. If you need to update or discuss an existing…
How Can I Challenge a Will That Leaves Biological Children Out in Favor of Stepchildren? 1. Detailed Answer If a close relative disinherits you in favor of stepchildren, North Carolina law offers several ways to contest the will. You may rely on the pretermitted child statute, allege undue influence or lack of capacity, or point…
How Does a Tenancy by the Entirety Deed Protect a Surviving Spouse’s Property Rights During Guardianship? 1. Detailed Answer A tenancy by the entirety deed creates a single, undivided estate in real property held by married spouses. Under North Carolina law, this form of ownership carries a right of survivorship: when one spouse dies, the…
How to Amend a Probate Petition to Add an Interested Party After an Order Has Been Issued in North Carolina Detailed Answer When you need to add an interested party to a probate petition after the court has already issued an order, North Carolina law allows you to amend your pleadings with the court’s permission.…
How to Address an Administrator’s Conflict of Interest in North Carolina Probate 1. Detailed Answer When a personal representative (sometimes called an administrator) shows a conflict of interest, you must act promptly to protect the heirs and the estate. In North Carolina, personal representatives owe clear fiduciary duties under N.C. Gen. Stat. §28A-12-1. Those duties…
