Can I legally stop a cremation without family consent? – North Carolina Short Answer Yes. In North Carolina, cremation cannot proceed without a signed authorization from the person who has the legal “right of disposition.” If you dispute who has that right or object to cremation, you can notify the funeral home/crematory in writing and…
How do I challenge a purported executor or beneficiary who lacks legal appointment or documentation? – North Carolina Short Answer In North Carolina, no one has authority to act for a decedent’s estate until the Clerk of Superior Court issues letters testamentary or letters of administration. If someone is holding themselves out as “executor” or…
What should I know before signing and filing a verified surplus funds petition? – North Carolina Short Answer In North Carolina, surplus funds from a court-ordered (judicial) sale are applied to sale costs and liens first; any balance usually belongs to the record owner at the time of sale or, if deceased, the owner’s estate.…
How do I notify other heirs about my petition for surplus funds? – North Carolina Short Answer In North Carolina, you notify other heirs by first filing your petition with the Clerk of Superior Court and having the clerk issue a proper summons, then serving each heir under Rule 4 (sheriff, certified mail, or approved…
What steps do I need to file a petition for surplus funds in North Carolina Superior Court? – North Carolina Short Answer File a verified petition with the Clerk of Superior Court in the North Carolina county where the court-ordered sale occurred, serve all interested parties, and request a hearing. The clerk will issue an…
What legal options do I have to recover proceeds if I was shortchanged in the sale of inherited property? – North Carolina Short Answer In North Carolina, heirs and trust beneficiaries can demand a formal accounting, challenge improper sales, and seek court remedies against the fiduciary (trustee or personal representative). If duties were breached or…
What steps can I take to challenge a trustee for breaching duties and misusing trust assets? – North Carolina Short Answer In North Carolina, beneficiaries can demand information and an accounting, ask the Clerk of Superior Court to remove or suspend a trustee, and file a civil lawsuit for breach of trust to recover losses…
What happens if my co-tenant paid all carrying costs but we didn’t sign an agreement on reimbursement? – North Carolina Short Answer In North Carolina partition cases, a co-tenant who paid necessary carrying costs (like property taxes, insurance, mortgage interest, and essential repairs) can usually ask the Clerk of Superior Court to credit those amounts…
How do we calculate and deduct carrying costs from each co-tenant’s share in a partition sale? – North Carolina Short Answer In a North Carolina partition by sale, the Clerk of Superior Court can credit “carrying costs” (like property taxes, insurance, mortgage interest, and necessary repairs) to the co-tenant who advanced them, then proportionally charge…
Can a consent order resolve our dispute over carrying costs instead of holding another hearing? – North Carolina Short Answer Yes. In a North Carolina partition special proceeding, the Clerk of Superior Court can enter a consent order that resolves how carrying costs (like taxes, insurance, or mortgage interest paid to preserve the property) will…
