What steps do I need to file an insolvency petition for an insolvent estate in North Carolina? – North Carolina Short Answer In North Carolina, a personal representative who determines the estate is insolvent (debts exceed assets) asks the Clerk of Superior Court to approve an insolvent distribution after the creditor claim period closes. You…
How do I minimize costs for obtaining exemplified will copies, ancillary letters, and creditor notices? – North Carolina Short Answer In North Carolina, keep costs down by confirming you actually need ancillary probate for the real estate sale; if you must sell within two years and title is in the decedent’s name, you do. Order…
How can I challenge an emergency guardianship petition filed without proper notice? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to pause the emergency (interim) guardianship and reschedule the hearing if you were not properly served. File a prompt written motion to continue for lack of service…
What steps do I take to defend my authority as power of attorney agent? – North Carolina Short Answer In North Carolina, show the Clerk of Superior Court that a guardianship is not necessary or should be narrowly tailored because a valid, recently executed power of attorney already protects your parent. Appear at the emergency…
Can I stop APS from investigating if allegations are baseless and I haven’t been notified? – North Carolina Short Answer No. In North Carolina, once someone reports suspected abuse, neglect, or exploitation of a disabled adult, Adult Protective Services (APS) must evaluate the report. You and your parent may decline services unless a court orders…
What legal options are available if I wasn’t served any guardianship papers before the hearing? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to continue (postpone) the guardianship hearing or to limit any interim order if you did not receive proper notice and service. The law generally…
How do I prevent the court from appointing a temporary guardian against my mother’s wishes? – North Carolina Short Answer In North Carolina, a court can appoint a temporary (called “interim”) guardian only if there is reasonable cause to believe your mother is incompetent, there is an immediate risk of harm to her person or…
How can I get court approval to sell a house inherited by my minor child in North Carolina? – North Carolina Short Answer In North Carolina, a guardian of the estate must file a petition with the Clerk of Superior Court to sell a minor’s real estate and show the sale is necessary or will…
What is required to petition the court and appoint a guardian ad litem for a minor’s property sale? – North Carolina Short Answer In North Carolina, a minor’s real estate interest cannot be sold without court approval. The child’s general guardian or guardian of the estate files a special proceeding with the Clerk of Superior…
What documents and forms must be included in a petition to authorize the sale of a minor’s property? – North Carolina Short Answer In North Carolina, a guardian of the estate must file a verified petition with the Clerk of Superior Court seeking an order to sell the minor’s real property. The petition should include…
