Category Archives: Probate Q&A Series

How do I contact the Clerk of Court in North Carolina to update or discuss issues with an order issued for partition and equitable adjustments when new title search problems arise?

How to Contact the Clerk of Court in North Carolina for Partition Orders and Title Search Issues 1. Detailed Answer Understanding Your Local Clerk of Court In North Carolina, the Clerk of Superior Court serves as the custodian of case records, docket entries, and court orders. If you need to update or discuss an existing…

What steps should I take if my North Carolina property was not initially transferred into my trust?

What steps should I take if my North Carolina property was not initially transferred into my trust? When you create a trust in North Carolina, you intend to move certain assets—like your home—into that trust. If one of your properties never made it into the trust, you risk leaving that asset subject to probate and…

How do I initiate the probate process and secure legal assistance for estate-related challenges?

How to Initiate the Probate Process and Secure Legal Assistance for Estate-Related Challenges 1. Detailed Answer Probate begins when the clerk of superior court admits a decedent’s will to probate or appoints a personal representative for an intestate estate. In North Carolina, you initiate probate by filing a verified petition in the clerk’s office of…

What should I do if the release document I submitted hasn’t been acknowledged by my probate attorney in North Carolina?

What to Do if Your Probate Attorney Hasn’t Acknowledged Your Release Document Detailed Answer When you submit a release document in a North Carolina probate matter, you expect your attorney to acknowledge and file it promptly. Under N.C. Gen. Stat. § 28A-25-1, a distributee who signs a release can speed up estate administration by confirming…

What Should I Do if Probate Hasn’t Been Opened Within the Required Filing Period After a Loved One’s Death?

What Should I Do if Probate Hasn’t Been Opened Within the Required Filing Period After a Loved One’s Death? Detailed Answer When someone passes away in the State of North Carolina, opening probate is the first step to settle their estate. Probate allows the court to appoint a personal representative, confirm the validity of a…

How can I get help properly filling out and filing my mother’s annual estate account to avoid repeated rejections?

How can I get help properly filling out and filing my mother’s annual estate account to avoid repeated rejections? Detailed Answer When you administer an estate in North Carolina, the clerk of superior court requires a personal representative to file an annual accounting if the estate administration extends beyond one year. North Carolina General Statutes…

What steps must be completed before estate funds from a property sale can be released in North Carolina?

What steps must be completed before estate funds from a property sale can be released in North Carolina? Detailed Answer When someone passes away owning real estate, the personal representative (also called an executor or administrator) must follow a clear series of steps under North Carolina law before releasing any net proceeds from a property…

Can I face legal consequences for removing my belongings from a home when the will grants partial ownership to other family members?

Can I face legal consequences for removing my belongings from a home when the will grants partial ownership to other family members? 1. Detailed Answer When someone dies in North Carolina and leaves a will, the estate—including the family home—enters probate. The will names beneficiaries who inherit specific assets. If it grants partial ownership of…

Can a probate lawyer draft and complete a will and power of attorney on short notice in an emergency hospital setting?

Can a Probate Lawyer Draft a Will and Power of Attorney on Short Notice in an Emergency Hospital Setting? 1. Detailed Answer Yes. In North Carolina, an attorney with probate administration experience can prepare and execute both a last will and testament and a power of attorney on short notice in a hospital. The key…

How can your legal team protect my interests and ensure I receive a fair share of the estate while preventing potential mismanagement by the administrator?

How We Protect Your Interests and Ensure a Fair Share in Estate Administration Detailed Answer Facing probate in North Carolina often raises concerns about fair distribution and proper handling of assets. As soon as we engage your case, we verify that the personal representative (formerly called an executor) validly qualified under North Carolina law. We…