Can I challenge transfers made under a power of attorney if I suspect my grandfather lacked capacity at the time? — North Carolina Short Answer Yes. In North Carolina, you can ask the court to review an agent’s transactions under a power of attorney, compel a full accounting, and undo or recover improper transfers. You…
What happens to jointly held bank accounts and property when someone dies without a will in North Carolina? — North Carolina Short Answer In North Carolina, most jointly held assets with a valid right of survivorship pass directly to the surviving co-owner and do not go through intestate probate. If an account or deed lacks…
What steps do I need to start a partition action in Guilford County when the other co-owner refuses to agree? — North Carolina Short Answer In North Carolina, a partition is a special proceeding you start with the Clerk of Superior Court in the county where the land sits—here, Guilford County. You file a petition,…
How do I find out which debts or claims against the estate need to be paid before distribution? — North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) must first give notice to creditors and then pay valid claims in a set legal order. After administration costs and the spouse/children’s year’s…
How can I force a partition sale of my late father’s house that I now co-own with my sibling in North Carolina? — North Carolina Short Answer In North Carolina, any co-owner (tenant in common) can file a special proceeding for partition in the county where the property sits. The court first looks at whether…
What expenses can I track and get reimbursed for maintaining estate property before it’s sold? — North Carolina Short Answer In North Carolina, a personal representative (PR) may pay and be reimbursed for reasonable, necessary costs to preserve and prepare estate property for sale—but only if the PR has authority under the will or a…
How do I defend against a partition action when one co-tenant files to force the sale of our inherited home? — North Carolina Short Answer In North Carolina, a co-tenant can file a partition case to divide or sell co-owned real estate, but a court should favor dividing the land (partition in kind) if it…
What happens if a co-tenant takes out a home equity loan or refinances the inherited property without my approval? — North Carolina Short Answer In North Carolina, a co-tenant can only mortgage or refinance their own undivided interest in the property; they cannot encumber your share unless you sign. The lender’s deed of trust attaches…
What steps do I take to be appointed as estate administrator or co-administrator? — North Carolina Short Answer In North Carolina, you apply with the Clerk of Superior Court in the county where the decedent lived, show you have priority to serve, satisfy any bond requirement, take the oath, and receive Letters of Administration. If…
How can I challenge a will that I suspect is forged and get it thrown out? — North Carolina Short Answer In North Carolina, you challenge a will by filing a “caveat” in the estate file within three years after the will is admitted to probate in common form. The case is transferred to Superior…
