Category Archives: Probate Q&A Series

How are attorney fee disputes and co-heir communication challenges addressed in North Carolina probate cases?

How Are Attorney Fees and Commission Disputes Resolved in North Carolina Probate Cases? In North Carolina probate administration, questions frequently arise regarding attorney fee reimbursement and the classification of certain expenses as commissions or other recoverable amounts. When a personal representative or an individual involved in administering an estate seeks to recover attorney fees from…

What legal options do I have to recover extra contributions on a co-owned inherited property?

Am I Entitled to Reimbursement for Expenses Incurred on a Co-Owned Inherited Property? When a property is inherited by more than one person, each co-owner is generally responsible for an equal share of the ongoing costs. In North Carolina, if you have paid more than your fair share of expenses, such as mortgage payments, property…

How can North Carolina beneficiaries contest discrepancies like misallocations or double charges in probate asset distributions?

How Can I Challenge Discrepancies in Probate Asset Distribution in North Carolina? When you feel that your share of a probate asset distribution is not being handled fairly, you have legal options to challenge discrepancies. In North Carolina, disputes over the distribution of estate assets—such as real property like land, mobile homes, and trailers—may be…

Does paying off a deceased parent’s mortgage entitle one heir to full property ownership under NC intestate succession laws?

North Carolina Probate FAQs – Inheritance Rights & Title Searches Am I Entitled to Full Ownership if I Paid Off My Deceased Parent’s Mortgage Even Though a Co-Heir Didn’t Contribute? Detailed Answer When a parent dies without a will in North Carolina, the estate—including any real property—passes on as dictated by intestate succession laws (see…

How can co-owners in North Carolina initiate a partition action and manage its associated legal fees and procedures?

FAQ 1: What Legal Steps Can Heirs Take to Partition an Inherited Property in North Carolina? In North Carolina, when multiple heirs co-own an inherited property and one or more parties wish to sell or divide the property, a partition action is one legal method available. Partition actions help resolve disputes when one or more…

What steps must I follow to initiate probate and protect rights during North Carolina estate administration?

How Do I Initiate Probate for an Estate in North Carolina, Such as the Estate of Billy Nixon? Initiating probate in North Carolina is a critical process that sets the stage for settling a decedent’s affairs. When you begin the probate administration—for example, for the estate of Billy Nixon—you must follow a series of specific…

What are the key steps for initiating and administering probate in North Carolina?

What Is the Process for Initiating Probate in North Carolina? Initiating probate in North Carolina involves several key steps designed to ensure that the decedent’s assets are handled in an orderly and legally compliant manner. When you contact a law firm regarding the initiation of probate for an estate – as was the case in…

How does a personal guarantee affect creditor claims and pro rata distributions in a North Carolina probate estate?

How Does a Personal Guarantee Affect Creditor Claims in a North Carolina Probate Estate? In North Carolina probate, the inclusion of a personal guarantee in a loan agreement makes the individual’s estate responsible for repaying that portion of the debt. When reviewing a loan document, you might notice a clause stating that an individual acknowledges…

Under what circumstances can attorney fees and legal expenses be reimbursed from a probate estate in North Carolina?

Are Attorney Fees and Other Legal Expenses Reimbursable from a Probate Estate in North Carolina? In North Carolina probate, questions often arise about whether and how attorney fees or other legal expenses may be reimbursed from the estate account. The probate process requires a careful and detailed accounting of all expenses. Under North Carolina law,…

Do I need an attorney to prepare a quitclaim deed for North Carolina probate inheritance?

Do I Need a Real Estate Lawyer to Complete a Quitclaim Deed in North Carolina Probate? When inheriting real property in North Carolina, many individuals wonder whether they must work with a real estate attorney to prepare a quitclaim deed. Under North Carolina law, you are not strictly required to hire a lawyer to prepare…