How can I update my will to create a new document and automatically revoke the old version without filing both with the court? — North Carolina Short Answer In North Carolina, you update your estate plan by signing a new will that clearly states it “revokes all prior wills and codicils.” If you execute the…
What is the process to open my late spouse’s probate estate in North Carolina so I can pursue a Camp Lejeune claim? — North Carolina Short Answer In North Carolina, you must ask the Clerk of Superior Court to appoint you as the estate’s personal representative (executor if there is a will, administrator if there…
Can I challenge the administrator’s claim to ownership in the real property I’m entitled to inherit? — North Carolina Short Answer Yes. In North Carolina, title to a decedent’s real estate vests in the heirs at death (or in devisees once the will is probated, relating back to death), not in the administrator. If an…
How can I force a private sale of inherited land that I co-own with other heirs? — North Carolina Short Answer In North Carolina, you start a partition proceeding with the Clerk of Superior Court in the county where the land sits. If a physical split (partition in kind) is unfair or impractical, the court…
What happens to the surplus proceeds when a property owner dies without a will and siblings are involved? — North Carolina Short Answer In North Carolina, surplus money from a court or foreclosure sale is first used to pay any lower‑priority lienholders and approved estate expenses and claims. If the owner died without a will…
Can I assert a right of survivorship interest under the deed to get a larger share of the surplus funds? — North Carolina Short Answer Yes—if your deed clearly created a right of survivorship (for example, a deed to spouses as tenants by the entirety or a deed stating “joint tenants with right of survivorship”),…
What steps do I need to file a motion to determine my right to surplus money after my mom’s property was foreclosed? — North Carolina Short Answer In North Carolina, any surplus from a foreclosure sale is paid first to junior lienholders in order of priority and then to the owner (or the owner’s estate).…
How can I claim surplus funds from a tax foreclosure sale on my mother’s house in North Carolina? — North Carolina Short Answer In North Carolina, any money left over after a tax foreclosure sale—after taxes, costs, and valid liens are paid—is called “surplus” and generally belongs to the property owner. If the owner has…
How do I document a repossessed vehicle when settling a loved one’s estate? — North Carolina Short Answer In North Carolina, list any vehicle the decedent owned on the date of death in the 90‑day inventory with its fair‑market value and full identifying details, even if a lender later repossesses it. Keep the lender’s repo…
Can funds held in trust be released if the deed hasn’t been recorded yet? — North Carolina Short Answer Generally, no. In North Carolina, a settlement agent should not disburse real estate closing funds from a trust/escrow account until the deed (and any deed of trust) is recorded and funds are collected. This protects title…
