How can I prove and value the mortgage, utility, and tax payments I made for an equitable offset? – North Carolina Short Answer In a North Carolina partition case, the Clerk of Superior Court can credit a co-owner for necessary “carrying costs” paid to preserve the property—typically mortgage principal, property taxes, and hazard insurance; utilities…
Can I object to using a realtor recommended by the other co-owner if they’re related? – North Carolina Short Answer Yes. In a North Carolina partition matter, broker selection should be neutral and aimed at maximizing value for all co-owners. If the other co-owner’s recommended agent is a relative, you can object and ask the…
What happens if we can’t reach an agreement at mediation and the dispute goes to court? – North Carolina Short Answer If mediation fails in a North Carolina partition case, the dispute proceeds as a special proceeding before the Clerk of Superior Court. The clerk decides whether the property can be fairly divided in kind…
What provisions should be included in a will for a single parent with one child and real property? – North Carolina Short Answer In North Carolina, a single parent’s will should clearly: (1) name an executor and waive bond, (2) make a specific gift of the home or direct its sale with express power of…
What steps should I follow to draft a simple will when power of attorney is already in place? – North Carolina Short Answer In North Carolina, the person making the will must personally sign (or direct someone to sign in their presence) and have at least two competent witnesses sign in the testator’s presence. A…
How do I ensure my relative has the required capacity when drafting a will remotely? – North Carolina Short Answer In North Carolina, the signer must have testamentary capacity at the moment the will is signed and it must be executed with two witnesses in the testator’s presence. Remote/video witnessing and notarization authorizations expired in…
What steps ensure my parent has the capacity to sign the will? – North Carolina Short Answer In North Carolina, your parent can sign a will if, at the moment of signing, they know who their family is, what they own, what the will does, and how it will affect their estate. To protect the…
What steps do I need to prove and appoint myself as executor under a will? – North Carolina Short Answer In North Carolina, the named executor starts by filing the original will and an Application for Probate and Letters with the Clerk of Superior Court in the decedent’s county. If the will is self-proved, the…
How can I file a will for my spouse’s parent in North Carolina? Short Answer In North Carolina, the named executor presents the original will to the Clerk of Superior Court in the county where the decedent lived. If the executor does not apply within 60 days of death, any devisee or other interested person…
How do I inventory and manage the remaining estate assets after a conservator handled the finances? – North Carolina Short Answer In North Carolina, the guardianship (conservatorship) ends at death and a personal representative (executor or administrator) takes over after qualifying with the Clerk of Superior Court. The personal representative files a detailed 90‑day inventory,…
