What steps can I take to challenge a false incompetency claim and recover my inheritance in North Carolina? 1. Detailed Answer When someone files a claim that a loved one lacks mental capacity, the court may appoint a guardian to handle that person’s affairs. You can take action to challenge a false incompetency claim and…
Do Surviving Spouses in North Carolina Need to Open Probate to Transfer a House Held as Tenants by the Entirety? Detailed Answer In North Carolina, when a married couple holds real estate as tenants by the entirety, ownership automatically passes to the surviving spouse upon the death of the other spouse. You do not need…
What steps and documents are needed to open and administer an intestate estate in North Carolina? Detailed Answer When someone dies without a valid will in North Carolina, the law calls that person “intestate.” You must follow rules in Chapter 28A of the North Carolina General Statutes to open and administer the estate. You work…
How can I borrow against inherited real estate in North Carolina to pay creditors and buy out a co-heir? 1. Detailed Answer When you inherit real estate in North Carolina, it often carries debts and co-heirs’ interests. You can leverage that property to settle estate claims and arrange a buyout. The steps vary depending on…
How a Personal Representative in North Carolina Schedules an Appraisal and Sells Household Furnishings and Farm Equipment Detailed Answer When someone passes away with assets in North Carolina, the court appoints a personal representative to manage and distribute the estate. Two common tasks are arranging an appraisal of personal property and selling household furnishings or…
Can a will and health care power of attorney executed in West Virginia be admitted for probate and decisions in North Carolina? 1. Detailed Answer Admission of an Out-of-State Will in North Carolina Probate North Carolina law allows a will executed in another state to be admitted for probate here as long as it is…
What information and documents are needed for my initial call with a North Carolina probate attorney? 1. Detailed Answer When you call a probate attorney in North Carolina, you set the foundation for an efficient estate administration. Gathering key details and documents before that first conversation helps your attorney give you clear guidance. Begin by…
What steps must one take in North Carolina to exhume and move a loved one’s remains to another state? 1. Detailed Answer Moving a loved one’s remains across state lines is a sensitive process. In North Carolina, you must follow specific legal steps. These steps ensure you act respectfully and comply with state law. 1.1…
Why North Carolina Probate Requires Written Receipts from Beneficiaries 1. Detailed Answer In North Carolina probate administration, personal representatives must collect written receipts from each beneficiary before distributing estate assets. This requirement appears in North Carolina General Statutes §28A-14-18 and §28A-14-10. By obtaining a signed receipt, the personal representative documents that the beneficiary received the…
How can a beneficiary access a decedent’s bank accounts, safe deposit box, insurance policy after an intestate death in North Carolina? Detailed Answer When a person dies without a will in North Carolina, state law treats their assets as an intestate estate. North Carolina’s intestate succession rules, found in N.C. Gen. Stat. § 28A-2 and…
