What steps can I take if a power of attorney sold estate property without notifying heirs? – North Carolina Short Answer In North Carolina, an agent’s power of attorney authority ends at the principal’s death. If the sale happened after death, the deed is generally subject to challenge. If the sale happened before death for…
How do I confirm whether my children or I were properly listed on the property deed? – North Carolina Short Answer In North Carolina, the recorded deed in the county Register of Deeds controls who owns real property. To confirm whether you or your children were listed, pull the most recent deed and the prior…
What rights do siblings or children have when a relative transfers estate property without consent? – North Carolina Short Answer In North Carolina, siblings and children can protect estate property by opening an estate, seeking appointment as personal representative, and using court tools to compel an accounting, trace assets, and recover wrongfully transferred property. If…
How can I delay eviction after a foreclosure sale while waiting for surplus funds? – North Carolina Short Answer Under North Carolina law, once a foreclosure sale is final and the deed is recorded, the purchaser can obtain a writ of possession and the sheriff may remove occupants. Filing a petition for surplus funds does…
How can I find out if a will was filed for a decedent in North Carolina? Short Answer Start with the Clerk of Superior Court in the North Carolina county where the decedent last lived. Probated wills are public records kept by the clerk; you can ask for the estate file and get copies. If…
What happens if I can’t locate or contact an heir before the service deadline? – North Carolina Short Answer In North Carolina, you must try reasonable methods to serve every interested party in a surplus-funds petition. If you cannot find an heir after diligent efforts, you can ask the Clerk of Superior Court to allow…
What are my rights to access and remove personal belongings after a sheriff’s padlock notice? – North Carolina Short Answer In North Carolina, once the sheriff padlocks a home under a writ of possession, you cannot re-enter at will, but you usually have a short window to retrieve belongings. You can request a supervised one-time…
What do I need to include in a pour-over will and power of attorney to work with my trust? – North Carolina Short Answer In North Carolina, your pour-over will should name your revocable trust (by exact name and date) and direct your probate estate into it, while meeting the state’s will-signing rules and using…
How can I create a revocable trust that protects my crypto and life insurance? – North Carolina Short Answer In North Carolina, you can create a revocable living trust that you control by naming yourself as settlor and initial trustee and reserving the right to amend or revoke it. You can include powers for the…
What happens to the auto loan balance in a partition sale of personal property? – North Carolina Short Answer In North Carolina, when a co-owned vehicle is sold in a partition proceeding, the sale proceeds first pay sale costs and the auto lender’s secured lien. Only the net remainder is divided between co-owners, often with…
