How Can I Avoid Opening a Full Probate Estate to Distribute Foreclosure Surplus Funds in North Carolina? In North Carolina, releasing surplus funds from a foreclosure can be managed without fully opening an estate. A common approach involves drafting a settlement agreement among all interested parties. This strategy streamlines the process, avoids the lengthy creditor…
Why is Detailed Documentation Crucial in Probate Accounting? In North Carolina probate, the court requires complete paper trails on all accounting figures. When submitting estate inventories and accountings, every calculation must be supported by documentation. The court rejects submissions that lack detailed work showing how figures are derived. This is similar to explaining every step…
How can a missing interested party be served in a North Carolina probate case? In North Carolina probate cases, when an interested party cannot be located using conventional methods, serving notice by publication often becomes a useful option. This method involves placing a legal notice in a local newspaper in a county such as North…
What Is a Partition Action in Probate Cases and How Does It Work in North Carolina? A partition action is a legal remedy available when multiple heirs or co-owners cannot agree on the division of inherited property. In North Carolina, partition actions allow co-owners to force the sale or physical division of property. In a…
Can Informal Understandings of Personal Property Be Enforced in North Carolina Probate? In North Carolina, when an individual dies without a written will (intestate), the personal property is distributed under state intestacy statutes. Informal verbal agreements or understandings between family members are generally not recognized by the probate court. For instance, if someone believed that…
How Are Medical Bills Calculated During Settlement Negotiations? In personal injury cases, calculating medical bills forms an important part of the settlement process. In North Carolina, it is common for attorneys to use established fee guidelines – such as applying 200% of the Medicare rate – as a fair measure of your medical expenses. This…
What Should I Do When There Are Delays in Appraising Estate Assets? Probate cases often require prompt appointment of appraisers to determine the fair market value of estate assets. In North Carolina, delays may occur when there is miscommunication among attorneys or when new information emerges. As discussed in our transcript, there was concern over…
What legal steps can I take if a family member with mental health issues appears to be exploited in property transactions? In North Carolina, when a family member appears vulnerable due to mental health challenges and may be exploited in a property transaction, several legal steps can be taken. If you suspect that a person…
Do I Need to Open an Ancillary Probate Estate in South Carolina for a Property Located There? If the deceased was a resident of North Carolina and a will was filed in Buncombe County, you might not have needed a full probate there. However, if real property resides in South Carolina – for example, in…
Where Should Ancillary Probate be Opened When an Estate Involves Multiple States? When a decedent resided in North Carolina and owned a partial interest in out‐of-state property (such as in South Carolina), determining where to open probate can be challenging. In North Carolina, the probate process generally applies to assets located within the state. However,…
