FAQ 1: How Can I, as a Named Beneficiary, Access a Deceased Person’s Bank Account in North Carolina? When someone dies and names you as beneficiary on a payable-on-death (POD) or “in trust for” bank account, those assets pass outside of formal probate. Most North Carolina banks will only require two things: a certified copy…
FAQ 1: How Can I Keep an Inherited Home Out of Foreclosure During Probate in Wake County, North Carolina? When someone dies without a will in Wake County, their real property passes by intestate succession under N.C.G.S. § 29-14. As an heir, you inherit both title and responsibility for carrying costs. If the decedent’s home…
How Do I Open an Intestate Estate in Weaverville (Buncombe County), North Carolina? If someone dies without leaving a valid will in North Carolina, they’re said to have died “intestate.” Under N.C. Gen. Stat. § 28A-2-1 and following, their estate passes to heirs in a defined order. In Buncombe County—or wherever the decedent lived—you must…
FAQ 1: What should I do if my estate planning attorney leaves the firm before completing my will and health care power of attorney? If your attorney who was drafting your will and health care power of attorney leaves the firm, you still have several clear steps to keep your estate plan on track. First,…
Can I Withdraw My Application to Serve as Personal Representative in Wake County? In Wake County, you file an application with the Clerk of Superior Court to serve as personal representative under N.C.G.S. §28A-3-1. If you decide you cannot continue—perhaps because the estate has little or no assets—you may move to withdraw your application before…
Question 1: What steps follow the sale of estate real property in Buncombe County before heirs receive their distributions? After the personal representative (PR) completes the sale of estate real property, North Carolina law requires a special proceeding to approve distribution of sale proceeds. Under N.C. Gen. Stat. § 28A-18-2, the PR must file a…
FAQ 1: Can I hire my own attorney to protect my interests in a wrongful death lawsuit handled by my brother as personal representative? You absolutely may retain separate counsel to safeguard your share of any wrongful death recovery. North Carolina law grants each heir the right to independent legal advice and, if necessary, to…
How Can I Transfer LLC Membership Interests in a North Carolina Probate Estate Without Losing Liability Protection? If you administer an estate owning a single-member or multi-member LLC in New Hanover County (or elsewhere in North Carolina), you must preserve the limited liability shield while moving membership interests to heirs. Under N.C. Gen. Stat. §…
FAQ 1: How can I Document and Recover Reimbursement for Payments Made on Co-Owned Inherited Property in North Carolina? When you and a co-heir share an inherited home, North Carolina law presumes each heir bears a pro rata share of ongoing expenses. But if you’ve covered more than your half of property taxes, homeowners insurance,…
