Can I Change the Locks on a Property I Own Without Facing Breaking and Entering Charges? In North Carolina, if you are a property owner, you generally have the right to change the locks on your home. When you legally own the property—even when ownership is shared as in a tenancy by the entirety or…
What Are My Initial Steps for Probate Administration When I Am the Only Surviving Heir? When you are the sole surviving child and need to administer an estate in North Carolina, your first step is to gather all the necessary documents. Start by locating your father’s original will, death certificate, and any supporting documents that…
What Is a Public Administrator in North Carolina Probate Cases? In North Carolina, a public administrator is appointed by a county when there is no qualified person available to serve as an estate administrator. The role of the public administrator is to manage and distribute the decedent’s estate in accordance with state law and court…
Do I Need to Open Probate to Address Escrow Fund Disputes in North Carolina? When escrow funds become the subject of dispute after a decedent’s passing in North Carolina, opening a probate estate is generally the best course of action. In cases where funds in escrow are connected to a property purchase and there is…
Do Escrow Funds in North Carolina Require Probate If They Originate from an Out-of-State Estate? In North Carolina, funds held in escrow that originate from an out-of-state estate may not require the traditional probate process. For example, if disputed funds are held by the clerk (such as in Onslow County), and these funds stem from…
Is There a Conflict of Interest When an Attorney Drafts the Will and Administers the Estate? In North Carolina, it is not uncommon for an attorney to be involved both in the drafting of a will and later in the probate administration. This dual role does not automatically create a conflict of interest. The attorney’s…
What Is the Elective Share and How Is It Determined in North Carolina Probate Cases? The elective share is a protection provided to a surviving spouse allowing them to claim a portion of the decedent’s estate even when the will provides for less. In North Carolina, elective share rights are based on a calculation of…
How Are Contested Escrow Funds Handled in a Probate Case Involving a Non–North Carolina Resident? This question arises when escrow funds, deposited for a property purchase in North Carolina, become the subject of dispute after a decedent’s passing. Even though the funds are located in North Carolina, a decedent domiciled out‐of–state (for example, Arizona) may…
How Can I Recover Escrow Funds from a Failed Property Purchase in North Carolina? When a property purchase falls through and funds remain in escrow, it is essential to take timely steps to secure and recover those funds. In North Carolina, if the escrow funds were your father’s and intended to be returned to his…
What Can I Do If a Funeral Home Releases Ashes to the Wrong Person? In North Carolina, a situation in which a funeral home releases a deceased loved one’s ashes to an individual who is not legally entitled to them is extremely challenging. Although there is no single statute specifically addressing this misdelivery, the issue…
