Frequently Asked Questions: Marital Abandonment & Mediation in NC Elective Share Cases What is marital abandonment under North Carolina’s elective share law and who bears the burden of proof? Under North Carolina General Statute 31A-1(a)(3), marital abandonment occurs when one spouse willfully deserts the other without justification or intent to return. In an elective share…
Financial Power of Attorney at Death and Selling Jointly Inherited Property in North Carolina What happens to a financial power of attorney when the principal dies? When you hold a financial power of attorney (POA) under North Carolina law, you act as agent for a living principal. That authority ends the moment the principal dies.…
How do I handle filing and serving probate documents when an executor or heir is unavailable or detained in North Carolina? 1. Filing an inventory when the personal representative can’t sign or return documents Under North Carolina law, the personal representative (formerly “executor”) must file an inventory and appraisement of estate assets within 90 days…
FAQ 1: How can beneficiaries compel an unresponsive executor to distribute personal property under North Carolina law? Detailed Answer When a will instructs an executor to consult beneficiaries about dividing tangible assets, the executor owes a fiduciary duty under N.C. Gen. Stat. § 28A-15-3 to act impartially, keep beneficiaries informed and avoid self-dealing. In Wake…
FAQ 1: What can I do if my co-owner makes renovation decisions without my consent? In North Carolina, when two people invest and work together on a property, state law may treat you as a general partnership even if you never signed a formal agreement. Under N.C.G.S. § 59-31, a general partnership arises when you…
Frequently Asked Questions: Public Administrator Appointment & Estate Inventory in North Carolina Probate 1. How does the public administrator replace a personal representative, and what should heirs expect? When a personal representative (formerly called executor or administrator) resigns or cannot complete probate duties, North Carolina law allows the court to appoint the public administrator. Under…
How do I resolve a total loss vehicle insurance claim in North Carolina probate administration? 1. What steps must a personal representative take to resolve a decedent’s totaled vehicle claim with an insurer? When you serve as a personal representative in Durham County (or any North Carolina county), you must gather, protect and distribute estate…
How Do I Recover Misappropriated Veteran Benefits and Remove an Executor in NC Probate? FAQ 1: Recovering Misappropriated Funds from a Decedent’s VA Benefits Detailed Answer In North Carolina, a personal representative (executor) owes strict fiduciary duties to the estate and its beneficiaries. If you discover that the executor or other family members improperly withdrew…
FAQ 1: How do I switch from a small estate affidavit to full probate administration in North Carolina to access out-of-state inheritance? In North Carolina, you can use a small estate affidavit for simple, low-value estates under N.C.G.S. 28A-23-1. That procedure generally applies if the total personal property does not exceed $20,000 (and no real…
Understanding a Disabled Heir’s Property Rights and Dealing with Transfer Pressure in Moore County, NC 1. FAQ: What inheritance rights does a disabled heir have under North Carolina law? In North Carolina, when someone dies without a will, their estate passes through intestate succession. Under N.C. Gen. Stat. § 28A-15-2, a surviving spouse receives one…
