Category Archives: Probate Q&A Series

What is a Petition to Sell Real Property in North Carolina probate and when must it be filed?

North Carolina Probate Lawyer: Navigating Real Property Sales and Simplified Estate Transfers Administering an estate in North Carolina often involves more than collecting bank accounts and personal effects. Real property—land, houses, family farms—can complicate matters when debts linger or heirs disagree. A seasoned North Carolina probate lawyer helps personal representatives resolve these issues by guiding…

What steps are required to open and administer a decedent’s estate in North Carolina?

What steps are required to open and administer a decedent’s estate in North Carolina? Detailed Answer When someone passes away in North Carolina, handling their assets and debts involves a legal process called probate administration. Probate ensures that debts are paid and assets pass to the right heirs or beneficiaries. Here is how you can…

How can a personal representative in North Carolina file a police report and recover a missing estate vehicle?

How can a personal representative in North Carolina file a police report and recover a missing estate vehicle? Answer: Steps for Filing a Police Report and Recovering an Estate Vehicle As a personal representative (PR) in North Carolina, you have the legal duty and authority to protect estate property. When a vehicle belonging to the…

What steps are needed to probate and list a house with a reverse mortgage in North Carolina before lender foreclosure?

What steps are needed to probate and list a house with a reverse mortgage in North Carolina before lender foreclosure? Probating a home with a reverse mortgage can feel urgent when the lender threatens foreclosure. In North Carolina, you must settle the estate, secure authority to sell real property, and clear the reverse mortgage lien.…

Why must all heirs and devisees be joined in a North Carolina estate partition or sale of real property?

Why Must All Heirs and Devisees Be Joined in a North Carolina Estate Partition or Sale of Real Property? Detailed Answer In North Carolina, when a decedent’s estate includes real property that cannot be divided in kind, the court may order either a partition of the land among the heirs and devisees or a sale…

How can a surviving spouse remove and retitle a deceased spouse’s vehicles under North Carolina’s year’s allowance?

How can a surviving spouse remove and retitle a deceased spouse’s vehicles under North Carolina’s year’s allowance? Detailed Answer North Carolina law lets a surviving spouse claim a year’s allowance of personal property from a deceased spouse’s estate. Under N.C. Gen. Stat. § 30-15, a spouse may take up to $30,000 in personal property, including…

How will receiving an inheritance affect my SSI and Medicaid eligibility in North Carolina?

How will receiving an inheritance affect my SSI and Medicaid eligibility in North Carolina? Detailed Answer Supplemental Security Income (SSI) and North Carolina Medicaid both use strict asset and income tests. An inheritance generally counts as a resource or as unearned income. If you receive a lump‐sum inheritance, federal SSI rules treat it as unearned…

How can I stop a foreclosure on inherited property during probate in North Carolina?

North Carolina Probate Lawyer: Keeping an Estate on Track When the Executor Dies The death of a personal representative can freeze an estate at the worst possible moment. Assets sit idle, creditors wait, and heirs wonder who will step in. North Carolina law offers a straightforward path to revive a stalled probate, appoint a successor…

How do I petition for surplus funds after a foreclosure sale in North Carolina?

How to Petition for Surplus Funds after a Foreclosure Sale in North Carolina Detailed Answer When a lender forecloses on real property in North Carolina and the sale brings in more money than the total debt owed, the extra proceeds—called surplus funds—belong to parties with higher priority claims. You can petition the Clerk of Superior…

Can a co-owner sell property in North Carolina without the other’s consent, and how does a partition action proceed?

Can a co-owner sell property in North Carolina without the other’s consent, and how does a partition action proceed? Detailed Answer When two or more people own real property together in North Carolina, the law treats them as either joint tenants or tenants in common. Your rights to sell or transfer property depend on which…