What paperwork from the Secretary of State do I need to show the bank to confirm my family member was the sole member of his LLC? — North Carolina Short Answer North Carolina Secretary of State records alone rarely prove who owns an LLC. They show the company’s formation, status, registered agent, and sometimes managers,…
Can I ask the court to demand an accounting of all the estate assets and transactions during probate? — North Carolina Short Answer Yes. In North Carolina, any creditor or other interested party (such as an heir or beneficiary) may ask the Clerk of Superior Court to order the personal representative to file or correct…
How can I confirm my percentage of ownership rights to my parents’ real property before it is sold? — North Carolina Short Answer In North Carolina, your share depends on the deed and, if a parent has died, the will or the intestacy rules. Start by pulling the most recent deed and the probate file…
How do I start a partition lawsuit to split our inherited land when my relatives won’t agree? — North Carolina Short Answer In North Carolina, you start a partition case by filing a special proceeding with the Clerk of Superior Court in the county where the land sits. You must name and serve all co-owners…
How do I qualify as the administrator of my sibling’s estate in North Carolina if they died without a will? — North Carolina Short Answer In North Carolina, a sibling can qualify to serve as administrator if they are eligible, no one with higher priority applies, and any equal‑priority heirs consent or receive proper notice.…
What information and documents do I need to provide my lawyer with to begin a partition case? — North Carolina Short Answer To start a North Carolina partition case, your lawyer needs proof of ownership, details on every co-owner, and a clear description of the property. Bring the deed, tax card or parcel ID, any…
Can I recover the funeral expenses and other costs I paid out before the estate is settled? — North Carolina Short Answer Yes—North Carolina law allows reimbursement from the estate for reasonable funeral costs and certain other expenses you advanced. Funeral expenses up to $3,500 receive priority payment, and reasonable gravestone and burial place costs…
What steps are involved in dividing or forcing the sale of co-owned farmland? — North Carolina Short Answer In North Carolina, a co-owner starts a partition proceeding with the clerk of superior court in the county where the farm sits. The court will first consider dividing the land among the co-owners (partition in kind); if…
What happens if his divorce wasn’t finalized—can his estranged spouse still claim under his estate? — North Carolina Short Answer Yes. In North Carolina, if a divorce was not finalized, the estranged spouse is still a “surviving spouse” and can claim from the estate. Depending on the situation, the spouse may receive an intestate share,…
Can a consent order be used to skip the court hearing and distribute the sale money by agreement? — North Carolina Short Answer Often, yes. In a North Carolina partition sale, if every party with a stake in the proceeds agrees, the clerk of superior court can enter a consent order after the sale is…
