How do I update my mother’s will, trust, and powers of attorney in North Carolina? 1. Detailed Answer When you need to update your mother’s estate planning documents – her will, living trust, and powers of attorney – in North Carolina, you must follow formal steps to ensure each change stays valid and enforceable. Below…
Should I open Florida probate or North Carolina probate for my nonresident father’s assets? Detailed Answer If your father owned assets in more than one state, you will likely need to open probate in each state where he held property. The main administration happens where your father was legally domiciled at death. All other states…
Understanding Reimbursement Hearings and Attorney Fee Allocations in North Carolina Probate 1. Detailed Answer When an estate in North Carolina nears distribution, the personal representative often seeks reimbursement for expenses and compensation for legal services. The Clerk of Superior Court oversees these requests. Below is an overview of the key steps, rules, and timelines you…
How to Obtain Letters of Administration in North Carolina When a Co-Executor Lives Out-of-State Detailed Answer When someone dies without a will or an executor is unable or unwilling to serve, North Carolina law lets the court appoint a personal representative to manage the estate. This appointment comes in the form of Letters of Administration.…
Who is responsible for commissioner’s fees and attorney fees in a North Carolina partition action? Detailed Answer Commissioner’s Fees When parties cannot agree on dividing real estate, they may sue for a partition action in North Carolina. The court appoints impartial commissioners to survey the land, value the tracts, and recommend how to split or…
Recovering Surplus Funds After a Tax Foreclosure Sale in North Carolina 1. Detailed Answer When a tax foreclosure sale produces money in excess of the taxes, interest, costs, and fees owed, North Carolina law requires the excess, or “surplus funds,” to be held for the person entitled to them. An heir who believes entitled to…
Do I Have to Pay North Carolina Probate Attorney Fees Upfront and Can I Seek Reimbursement From the Estate? Detailed Answer When you open a probate estate in North Carolina, you and your attorney will discuss how fees will be handled. Many probate attorneys ask for a retainer before they begin work. A retainer serves…
What documents and information should I gather before contacting a State of North Carolina probate attorney and notifying my bank? Detailed Answer Starting probate or notifying your bank after a loved one’s death can feel overwhelming. Gathering the right paperwork and details in advance will streamline the process. In North Carolina, the clerk of superior…
What information and documents should I gather before contacting a North Carolina probate attorney? Detailed Answer When you face the responsibility of administering an estate in North Carolina, preparing key information and documents in advance helps your probate attorney guide you efficiently. Gathering these items before your initial meeting accelerates the filing process, reduces costs…
What steps should a North Carolina personal representative follow to report and secure a missing estate vehicle? Detailed Answer When you serve as a personal representative in North Carolina, state law requires you to gather and protect every asset in the estate, including vehicles. North Carolina General Statutes Chapter 28A outlines your duties. In particular,…
