Do heirs named in a will have any claim to the property if they only had lifetime rights? – North Carolina Short Answer In North Carolina, a life estate ends at the life tenant’s death. The remainderman then has the immediate right to exclusive possession. Heirs of the life tenant and anyone the life tenant…
How can I have a surviving parent’s interest removed from a decedent’s property before distribution? – North Carolina Short Answer In North Carolina, you cannot unilaterally remove a surviving parent’s ownership from real estate. If the parent is a co-owner on the deed, they must sign and record a deed to transfer their interest, or…
How does intestate succession divide assets between a surviving parent and children in North Carolina? Short Answer In North Carolina, if a person dies without a will and is survived by one or more children (or grandchildren of a deceased child), the children inherit the estate. A surviving parent does not inherit in that situation.…
What happens if a surviving parent is still on the deed when I inherit property? – North Carolina Short Answer In North Carolina, what happens depends on how the deed is written. If the decedent and the surviving parent owned the property with a right of survivorship (or as tenants by the entirety if they…
What steps do I need to take to become the executor of my father’s estate? – North Carolina Short Answer In North Carolina, you qualify as executor by filing the original will and an Application for Probate and Letters with the Clerk of Superior Court in your father’s county of domicile. If people with a…
How do I compel my father’s partner to release his belongings under the will? – North Carolina Short Answer In North Carolina, you need legal authority before you can force anyone to hand over a decedent’s property. If the estate’s personal property is within the small-estate limit, you can probate the will and file a…
What are the differences of using a small estate affidavit versus full probate administration? – North Carolina Short Answer In North Carolina, a small estate affidavit lets an eligible person collect a decedent’s personal property (like vehicles and bank accounts) without opening full probate if the probate assets are under the statutory limit and at…
What steps do I need to take to open an estate in North Carolina and address creditor claims? Short Answer In North Carolina, you open an intestate estate by applying for Letters of Administration with the Clerk of Superior Court in the county where the decedent lived. After you qualify, you must publish and mail…
Am I personally responsible for my grandparent’s loan debt attached to the property? – North Carolina Short Answer In North Carolina, you are not personally responsible for a grandparent’s debt unless you signed the loan, guaranteed it, or later agreed to assume it. However, you take the house subject to any valid liens (like a…
Can I challenge the validity of a decades-long loan agreement signed by my grandparent? – North Carolina Short Answer Yes, but you must use the right process. In North Carolina, a personal representative typically challenges a decedent’s contract in Superior Court (for example, for lack of capacity, undue influence, or fraud), while secured creditors can…
