What process is needed to appoint an administrator for the estate? – North Carolina Short Answer In North Carolina, an heir or other qualified person applies with the Clerk of Superior Court in the county where the decedent lived, using AOC-E-202 (Application for Letters of Administration). If approved, the applicant takes an oath (AOC-E-400), posts…
What is the process for filing a partition action with an upcoming closing deadline? – North Carolina Short Answer In North Carolina, a partition case is filed as a special proceeding with the Clerk of Superior Court in the county where the property sits. The clerk decides whether to divide the land in-kind or order…
Can we recover eviction and cleanup costs from the heir who refused to vacate? – North Carolina Short Answer Often, yes—but how you recover depends on the co‑ownership and what the costs were for. In North Carolina, co‑owners can ask the Clerk of Superior Court in a partition case to credit them for necessary, reasonable…
How can I change or revoke my power of attorney after it’s signed? – North Carolina Short Answer In North Carolina, you can change or revoke a power of attorney (POA) any time you have capacity by signing and acknowledging a written revocation or by signing a new POA that expressly revokes the prior one.…
What steps are needed to draft and execute a power of attorney in North Carolina Short Answer In North Carolina, you draft a financial power of attorney (POA) by naming a trusted agent, clearly defining the powers you want to grant (including any gifting or real estate authority), and signing the document before a notary…
Who is responsible for estate administration when the deceased lived out of state? – North Carolina Short Answer In North Carolina, the primary responsibility belongs to the personal representative appointed in the state where the decedent was domiciled (their permanent home). If the nonresident left property in North Carolina, an ancillary personal representative may be…
Can I administer my spouse’s estate in one state when I live in another? – North Carolina Short Answer Yes, but where and how you administer the estate depends on the decedent’s domicile (legal home) at death. In North Carolina, estates are opened with the Clerk of Superior Court in the county of the decedent’s…
What happens if my spouse died without a will—how do I claim the money she left me? – North Carolina Short Answer In North Carolina, if your spouse died without a will (intestate), the law decides who inherits. As the surviving spouse, you share the estate with the decedent’s children; your exact share depends on…
What type of deed do I need to move property into a living trust? – North Carolina Short Answer In North Carolina, you generally transfer real estate into a revocable living trust by signing and recording a deed from yourself, individually, to yourself (or another) as trustee of the trust. Many lawyers use a non-warranty…
How can I transfer my out-of-state real property into an existing revocable trust? – North Carolina Short Answer Use a deed that complies with the law of the state where the property sits to convey title from you (individually) to your revocable trust’s trustee, and record that deed in that county’s land records. A local…
