Can a Surviving Spouse Claim a Spousal Allowance and an Elective Share in the Same Estate Distribution?

Can a Surviving Spouse Claim a Spousal Allowance and an Elective Share in the Same North Carolina Estate? Detailed Answer Yes. Under North Carolina law, a surviving spouse may request both the spousal year’s allowance and an elective share in the same estate. However, the allowance is credited against (subtracted from) the final elective-share payment,…

What Are the Procedural Steps to Negotiate a Buyout and Transfer Deeds to Consolidate Property Interests in North Carolina?

Procedural Steps to Negotiate a Buyout and Transfer Deeds to Consolidate Property Interests in North Carolina 1. Detailed Answer Overview When several people own the same real estate, each owner holds an undivided share. This arrangement can complicate refinancing, improvements, or a future sale. A voluntary “buyout”—where one or more owners purchase the others’ interests—can…

What Is the Expected Timeline for a Coverage Decision on an Insurance Claim in North Carolina?

Detailed Answer: When Will the Insurer Decide? North Carolina law requires insurance companies to handle claims promptly and fairly. While the statutes do not impose one hard deadline for every type of policy, the North Carolina Department of Insurance has adopted regulations that spell out a reasonable timeline most carriers must follow when deciding whether…

What Information Must Be Included in a Notice of Hearing Regarding Courtroom Location and Procedure?

What Information Must Be Included in a Notice of Hearing Regarding Courtroom Location and Procedure? Detailed Answer In a North Carolina partition action, the Clerk of Superior Court schedules most hearings. Whether the matter is an initial petition for partition, a motion to confirm the commissioners’ report, or an objection to a proposed sale, every…

What rights does a beneficiary have to a full accounting of trust assets and their values?

Beneficiary Rights to a Full Trust Accounting in North Carolina Quick Answer In North Carolina, every current trust beneficiary has a statutory right to receive information reasonably related to the administration of the trust—including a complete accounting of all trust assets, their values, income, and expenses. N.C. Gen. Stat. § 36C-8-813 requires the trustee to…

Under what circumstances can a beneficiary challenge the trustee’s appointment or capacity? – North Carolina Probate Guide

Detailed Answer North Carolina law gives beneficiaries several avenues to question whether the right person is serving as trustee or whether the current trustee should continue. Below is a plain-English review of the most common scenarios—drawn from Chapter 36C of the North Carolina Uniform Trust Code (UTC). 1. Challenging the Initial Appointment Defective Trust Instrument.…

How can an heir access insurance claim records filed in the decedent’s name to verify dates and amounts?

How North Carolina Heirs Can Retrieve a Decedent’s Insurance Claim Records Detailed Answer Insurance claim files confirm when a claim was opened, the amount paid, and to whom the funds went. In North Carolina, an heir cannot simply call the insurance company and demand those papers. Instead, state probate rules give the personal representative (executor or…

What Remedies Exist for Challenging an Executor’s Accounting of Estate Assets and Recovering Misappropriated Funds?

What Remedies Exist for Challenging an Executor’s Accounting of Estate Assets and Recovering Misappropriated Funds in North Carolina? Detailed Answer North Carolina Gives Heirs Powerful Tools to Monitor and Correct an Executor’s Work Under N.C. Gen. Stat. § 28A-21-1, every personal representative must file verified accountings with the Clerk of Superior Court. If those filings…