FAQ #1: What Information Should I Gather Before Contacting a North Carolina Probate Attorney About an Estate? When you reach out to a probate attorney in North Carolina, having the right documents and background information saved you time and legal fees. Attorneys need details about the decedent’s assets, liabilities and family structure to advise you…
How do I file an extension for the probate inventory deadline in Wake County, NC? Under North Carolina law, a personal representative must file a complete inventory and appraisement of estate assets within 90 days of appointment. In Wake County, the Clerk of Superior Court enforces this deadline. If you anticipate you cannot meet the…
How do I probate a handwritten (holographic) will in North Carolina? North Carolina allows a will entirely in the decedent’s handwriting to be admitted to probate, provided you submit the original document along with sworn statements confirming its authenticity. Under N.C.G.S. § 28A-2-3, a holographic will must be wholly written and signed by the testator.…
How can a guardian open an intestate estate in Guilford County to secure fundraising donations for a minor heir? When someone dies without a will in North Carolina, any intestate heir or their guardian may open an estate in the county where the decedent lived. In your case, the decedent resided in Guilford County and…
What Is a Spousal Allowance and How Can Heirs Protect Their Inheritance When a Surviving Spouse Files Only a Spousal Allowance in Columbus County, NC? In North Carolina, a surviving spouse may file for a year’s allowance—often called a spousal allowance—under N.C. Gen. Stat. § 30-15 and § 30-16. This allowance gives the spouse up…
FAQ: How Can I Collect and Distribute Life Insurance Proceeds When No Beneficiary Is Named in North Carolina? Under North Carolina law, when a life insurance policy does not have a valid beneficiary—because the named person predeceased the insured or the designation was revoked by divorce—the insurer generally pays the proceeds to the decedent’s estate.…
FAQ 1: How Can a Surviving Spouse Contest the Appointment of an Administrator in Wake County When Someone Dies Without a Will? 1. Detailed Answer When a North Carolina resident dies intestate (without a valid will), the clerk of superior court in the county where the decedent lived—Wake County in your case—will issue “letters of…
FAQ 1: How Can I Use a Will to Reimburse Down-Payment Contributions and Leave a Mobile Home to My Child in Vance County? If your mother and stepfather jointly own a mobile home and land in Vance County, and you contributed toward the down payment, you can structure her will to both reimburse your out-of-pocket…
How do I file a partition action to sell inherited real property in Cumberland County, NC? When heirs inherit real property and one co-owner refuses to sell, North Carolina law allows the other owners to force a sale through a partition action. In Cumberland County, you start by retaining counsel and gathering basic property information:…
FAQ 1: How Are Probate Attorney and Staff Fees Structured in North Carolina? Probate cases often involve work by attorneys, paralegals, legal assistants and law clerks. Each role bills at a different hourly rate based on training and file responsibilities. In Wake County (as in most North Carolina counties), your retainer agreement will list each…
