Category Archives: Probate Q&A Series

What legal options are available for modifying my parent’s healthcare power of attorney or establishing guardianship when their care needs urgently change due to dementia?

What should I do if I need to modify a healthcare power of attorney and address urgent care concerns for an elderly parent with dementia? When an elderly family member with dementia is suddenly relocated, concerns about the appropriateness of an existing healthcare power of attorney (POA) can arise. In a situation where urgent care…

How long should I expect the lien verification process in a probate case to take, and what might cause delays?

FAQ: What Happens When Lien Verification Delays the Probate Process? In North Carolina probate cases, verifying liens on the decedent’s assets plays a critical role in settling the estate. When an administrator identifies potential liens—such as those from a creditor like Blue Cross Blue Shield via a third-party company—the process of confirming the validity and…

What steps should I take if a mobile home in a probate sale has an unclear status regarding whether it’s fixed to the land?

How Is the Classification of a Mobile Home Determined in a Probate Sale? How Is the Classification of a Mobile Home Determined in a Probate Sale? In North Carolina probate cases, the classification of a mobile home often becomes a significant factor in how the property is handled during a court‐ordered sale. A key question…

How do I file a claim against an estate in probate court?

How Do I Handle Creditor Claims Filed Against an Estate in North Carolina? How Do I Handle Creditor Claims Filed Against an Estate in North Carolina? When claims are brought against an estate, proper procedures must be followed to ensure that both the rights of the creditor and the responsibilities of the estate’s administrator are…

How will the new petition process prevent issues with duplicate signatures and double reimbursement claims?

Why Must a New Petition be Signed When Reimbursement Amounts Change in Probate? Why Must a New Petition be Signed When Reimbursement Amounts Change in Probate? In North Carolina probate cases, it is essential that all documents filed with the clerk accurately reflect the current numbers, including reimbursement amounts and legal fee provisions. When any…

How do I obtain detailed documentation for each wage and hour claim associated with a probate estate?

How Can I Manage Wage and Hour Claims While Waiting for Probate Administration? How Can I Manage Wage and Hour Claims While Waiting for Probate Administration? When a business owned by a deceased individual becomes part of an estate, pending wage and hour claims can create additional challenges during the probate process. In situations where…

How do I transfer my father’s LLC business interests out of the estate into my own name without jeopardizing a refinancing arrangement or incurring adverse tax consequences?

How Can I Negotiate or Dispute Legal Fees When No Formal Fee Agreement Exists? How Can I Negotiate or Dispute Legal Fees When No Formal Fee Agreement Exists? In probate administration, clear communication about attorney fees is essential. When you did not sign a formal fee or retainer agreement, any invoice that later appears for…

How do I file a special proceedings case to claim surplus funds from an estate auction?

How Do I File a Special Proceedings Case to Claim Surplus Funds from a Tax Sale in North Carolina? When a property is auctioned to pay overdue tax fees, any surplus funds left over may belong to the heirs. In North Carolina, you may file a special proceedings case to claim these funds. If, for…

How do I update my Florida trust and will to comply with North Carolina law?

How Do I Update My Estate Planning Documents to North Carolina Law When Moving from Another State? If you move from another state such as Florida to North Carolina and you already have estate planning documents like a trust and a will, it is important to update these documents to reflect North Carolina law. Although…

How can I legally establish my parentage for probate purposes when faced with conflicting birth certificate records and contested DNA evidence?

How Can I Prove My Relationship Using Birth Certificates and DNA Testing in North Carolina Probate Matters? How Can I Prove My Relationship Using Birth Certificates and DNA Testing in North Carolina Probate Matters? In North Carolina probate matters, establishing your familial relationship as a daughter can be crucial. A birth certificate is usually given…