What steps must heirs take to probate and sell inherited real property in North Carolina intestate estates?

What steps must heirs take to probate and sell inherited real property in North Carolina intestate estates? Detailed Answer When someone dies without a will in North Carolina, state law—Chapter 28A of the North Carolina General Statutes—governs the probate process. Heirs must open an intestate estate and, if selling inherited real property becomes necessary, obtain…

How can an out-of-state executor appoint a North Carolina resident process agent and open probate in North Carolina?

How can an out-of-state executor appoint a North Carolina resident process agent and open probate in North Carolina? Detailed Answer If you are named as executor (also called personal representative) but live outside North Carolina, state law requires you to designate a North Carolina resident as your agent for service of process. That agent accepts…

How can I safeguard a minor child’s life insurance proceeds and restrict my spouse’s access under North Carolina law?

How can I safeguard a minor child’s life insurance proceeds and restrict my spouse’s access under North Carolina law? Detailed Answer Life insurance proceeds payable to a minor raise unique issues in North Carolina. If a child is named directly as beneficiary, the proceeds cannot go into the child’s hands until the court approves a…

How can I legally challenge a potentially forged will admitted in North Carolina probate under North Carolina law?

How to Challenge a Potentially Forged Will Admitted in North Carolina Probate 1. Detailed Answer When a will is admitted to probate in North Carolina, any interested person may contest its validity. Alleging forgery goes to the heart of whether the document truly represents the testator’s wishes. To challenge a potentially forged will, follow these…

How are personal property items distributed under a State of North Carolina probate will, and how can heirs recover missing assets?

How are personal property items distributed under a State of North Carolina probate will, and how can heirs recover missing assets? Distribution of Personal Property under a North Carolina Will When a person dies with a valid North Carolina will, the personal representative must follow the testator’s instructions for distributing personal property. The will commonly…