What legal options do I have to secure my one-third share of a property in North Carolina when an estate is intestate and my siblings dispute my rights?

What legal options do I have to secure my one-third share of a property in North Carolina when an estate is intestate and my siblings dispute my rights? Detailed Answer When someone dies without a will (intestate) in North Carolina, state law determines who inherits the decedent’s assets. Under N.C. Gen. Stat. § 29-14, if…

Why can’t the probate attorney representing the estate also represent me as an individual beneficiary?

Why can’t the probate attorney representing the estate also represent me as an individual beneficiary? 1. Detailed Answer When a lawyer accepts an engagement to handle a decedent’s estate in North Carolina, that lawyer owes loyalty and confidentiality to the estate as a whole. The estate speaks through its personal representative. The attorney-client relationship exists…

Can I e-file exemplified copies for estate administration, or are hard copies required for certain documents?

Can I e-file exemplified copies for estate administration, or are hard copies required for certain documents? Detailed Answer North Carolina’s trial courts allow most probate filings through an approved electronic filing service under N.C. Gen. Stat. § 7A-109. You can e-file petitions for administration, inventories, accountings, motions and other routine papers via the statewide e-filing…

What Is Involved in the Drafting and Revision Process of a Probate Settlement Agreement in North Carolina?

What Is Involved in the Drafting and Revision Process of a Probate Settlement Agreement in North Carolina? Understanding Probate Settlement Agreements in North Carolina A probate settlement agreement resolves disputes and claims involving a decedent’s estate. Parties draft this contract to define inheritance rights, creditor claims, and administration steps. North Carolina law allows heirs, beneficiaries,…

Why Haven’t I Received Probate Paperwork From My Deceased Father’s Estate in North Carolina?

Detailed Answer When someone passes away, the probate process begins only after a personal representative (often called an executor) files a petition with the clerk of superior court. Under North Carolina law, the clerk issues “letters” granting authority to administer the estate (see N.C.G.S. §28A-8-1). You receive probate paperwork only if you qualify as an…