What is Ancillary Probate and Why is it Necessary?

What is Ancillary Probate and Why is it Necessary? Ancillary Probate Explained Ancillary probate lets a personal representative handle assets an estate owner held outside North Carolina. When someone dies owning real estate, bank accounts, vehicles or other property in another state, North Carolina courts require this process. Ancillary probate ensures clear title transfer, prevents…

What If I Suspect the Personal Representative Is Mismanaging the Estate in North Carolina?

What If I Suspect the Personal Representative Is Mismanaging the Estate in North Carolina? Understanding Your Rights and the Personal Representative’s Duties In North Carolina, the personal representative administers an estate under a court appointment. North Carolina law imposes strict fiduciary duties on this individual. These duties include collecting and preserving assets, paying valid debts,…

What Happens if an Heir Cannot Be Located or Served During the Probate Process in North Carolina?

What Happens if an Heir Cannot Be Located or Served During the Probate Process in North Carolina? Detailed Answer Notice and Service Requirements When someone dies and leaves no will, North Carolina law requires the personal representative to notify all heirs of the probate proceeding. Under G.S. 28A-4-2, the personal representative must make a good-faith…

How Can an Executor Remove a Sibling Who Refuses to Vacate an Inherited Property in North Carolina?

North Carolina Probate Lawyer: Practical Answers to Tough Estate Questions Featured answer: When an heir refuses to leave an inherited home in North Carolina, the executor may file a summary-ejectment case in small-claims court after giving written notice. The magistrate can issue an eviction order, and the sheriff will remove the occupant if necessary. Clear…

How Can I Challenge An Executor Who’s Mismanaging My Grandmother’s Estate and Misusing Funds?

How Can I Challenge An Executor Who’s Mismanaging My Grandmother’s Estate and Misusing Funds? Detailed Answer When an executor breaches fiduciary duties, beneficiaries can act to protect the estate. Under North Carolina law, an executor must act loyally, prudently, and in good faith. If you suspect mismanagement or misuse of funds, you have clear legal…