FAQ 1: When Should I Consider a Guardianship Proceeding for an Incapacitated Adult in Wake County, NC? When a family member or friend shows diminished capacity to manage personal care or financial affairs, you may need to file for guardianship in Wake County. North Carolina law defines an “incapacitated person” as someone who, due to…
FAQ 1: What Is an Elective Share and How Do I File for It in Mecklenburg County? Under North Carolina law, a surviving spouse may claim an “elective share” if the decedent’s will omits or restricts spousal rights. The elective share equals 30% of the “augmented estate” (net probate plus certain nonprobate assets). See N.C.…
How Can Heirs Force the Sale of Inherited Property When a Co-Owner Refuses to Sell? When multiple heirs inherit real estate in North Carolina, one holdout can stall a sale. Under N.C.G.S. Chapter 46 (“Partition of Real Property”), any co-owner may file a partition action in county superior court to divide or sell the property.…
What rights does a co-owner have to access, inspect, and monitor jointly owned property in North Carolina? When two or more people inherit real estate as tenants in common, each owner holds an undivided interest in the whole parcel. Under North Carolina law, co-owners have equal rights to possess and use the entire property. You…
FAQ 1: What steps must a personal representative follow to recover surplus funds after a foreclosure sale in North Carolina? When a property in North Carolina sells at a judicial foreclosure and bids exceed the debt, the personal representative can recover the surplus for the estate. First, confirm the upset bid period has closed. Under…
FAQ 1: What Happens to Real Property When Someone Dies Without a Will in Wayne County, North Carolina? When a person dies intestate (without a valid will) in Wayne County, North Carolina, North Carolina’s intestate succession statutes govern how real property passes. Under N.C.G.S. § 29-14, if the decedent leaves only children and no surviving…
FAQ 1: How Can I Compel Production of the Original Will in Randolph County, NC? If someone is withholding the decedent’s original will, North Carolina law provides a straightforward way for an interested person to ask the court to require its production. In Randolph County, you can petition the Clerk of Superior Court under the…
FAQ 1: How Can I Probate My Mother’s Handwritten Will When the Original Is Lost in Saluda, North Carolina? When a loved one in Saluda (Polk County) dies leaving only a photograph of a handwritten (“holographic”) will, you can still ask the Polk County Clerk of Superior Court to admit that copy to probate. North…
FAQ 1: What steps must I take to open an intestate estate in Wake County, NC when someone dies without a will? When a loved one dies without a will in Wake County—or anywhere in North Carolina—you must open an intestate estate to transfer title to heirs and protect occupancy rights. North Carolina law (N.C.…
Can a Handwritten (Holographic) Will Override Tenancy by the Entirety and Transfer Half of a North Carolina Marital Home? In North Carolina, real estate owned by spouses as tenants by the entirety passes outside of probate directly to the surviving spouse. See N.C. Gen. Stat. § 41-2. That means if a home in Brunswick County…
