How do I transfer out-of-state inherited property and meet NC creditor notice requirements? 1. Transferring Out-of-State Inherited Real Estate in North Carolina If you serve as the executor (personal representative) of an estate in another state, you must open an ancillary probate in North Carolina to record and transfer real estate here. For example, Wayne…
Handling an Heir’s Out-of-State Bankruptcy During North Carolina Probate What should I do when an heir files for Chapter 7 bankruptcy in another state? When one of your estate’s heirs files a Chapter 7 petition in another jurisdiction, federal bankruptcy law and North Carolina probate law intersect. Under 11 U.S.C. § 362, an automatic stay…
How to Administer North Carolina Probate When an Heir Has a Virginia Bankruptcy Case FAQ 1: How Does an Heir’s Bankruptcy Affect North Carolina Probate Administration? When someone who stands to inherit in North Carolina opens or has an active bankruptcy in another state, the probate process can become more complex. In most counties—take Durham…
How do I handle a North Carolina probate matter involving a Virginia bankruptcy case when an heir files in Virginia? 1. Can a Virginia bankruptcy affect my North Carolina probate administration? When an heir in your North Carolina probate estate files a bankruptcy petition in Virginia, the federal bankruptcy court gains exclusive jurisdiction over that…
FAQ 1: What can I do if other owners try to sell a family property without my consent? If you hold legal title to North Carolina real estate alongside other owners, no one can transfer or sell the property without your signature. In situations where co-owners disagree—such as a grandmother, step-grandfather, and grandson on a…
How can I correct my name in an obituary and find a civil attorney for emotional distress claims in North Carolina? 1. Ensuring Your Name Appears for Estate and Medicaid Notices If an obituary lists only an initial or outdated surname, it does not affect your legal right to notice in a probate estate. North…
How do North Carolina probate retainer fees and payment deferrals work? What does an initial probate retainer cover and when is it reimbursed? When you engage a North Carolina probate attorney, you often pay an initial retainer fee—commonly around $600. This upfront payment secures your attorney’s time and covers basic filing costs, such as court…
How can I confirm a North Carolina inheritance and guard against probate scams? FAQ 1: How do I verify that an estate is open and request a copy of the will in Forsyth County, NC? If you learn you may be a beneficiary of someone who died in Winston-Salem (Forsyth County), your first step is…
Frequently Asked Questions: Partition Actions in Buncombe County, NC 1. What is a partition action in North Carolina and how does it work? When two or more people own real estate and one owner wants out, North Carolina law lets them file a partition action. Under N.C. Gen. Stat. § 46-1, any co-owner may ask…
How do guardianship duties end at death and when must I open a NC probate estate? 1. What happens to a guardian of the estate’s duties when a ward dies in North Carolina? In North Carolina, a guardian of the estate loses all authority the moment the ward dies. N.C. Gen. Stat. § 35A-1243 makes…
