FAQ 1: How Do I Dissolve a Guardianship and Restore My Rights in Henderson County, NC? If a court in Henderson County has appointed a guardian over your person or estate and you wish to regain your decision-making authority, you must file a motion to restore competence with the Clerk of Superior Court. Under North…
What options do co-owners have to prevent or respond to a partition action in Northampton County, NC? When two or more people inherit or hold property together in Northampton County, each co-owner has an absolute right under North Carolina’s Partition Act (Chapter 46 of the General Statutes) to file a partition petition and force either…
Who Must Complete IRS Form W-9 Before Receiving Probate Distributions in North Carolina? In North Carolina probate, before the clerk’s office issues any checks, it must obtain a completed IRS Form W-9 from the payee. That payee may be the law firm handling the estate’s administration or the beneficiary (heir) entitled to a distributive share.…
What should I expect regarding attorney fees and billing in a Halifax County, North Carolina partition action? Answer: When you engage a probate attorney to file a partition action in Halifax County to sell inherited property, you’ll typically pay an initial retainer, ongoing hourly fees billed periodically, and advanced costs. A retainer acts as a…
How can I check if my mother’s estate has been opened and whether a will is on file in Transylvania County, NC? If you suspect a surviving spouse hasn’t opened probate or filed a will, you can confirm the status online or with the Transylvania County Clerk. North Carolina courts offer an electronic docket search…
What steps should I take after being served with a partition action in Mecklenburg County, North Carolina? When someone files a partition action under N.C. Gen. Stat. § 46-35, they ask the court to divide or sell co-owned real property. If you live in Charlotte or anywhere in Mecklenburg County and receive a petition, you…
What is a commissioner’s sale in a North Carolina partition action, and how does the upset bid process work? In North Carolina, when co-owners can’t agree on sharing or dividing inherited real property—such as land in Mecklenburg County—a partition action may follow. The court appoints a commissioner to conduct a public sale of the property.…
How do I respond and join a partition action for inherited property in North Carolina? When a co-owner files a partition action under North Carolina law, they ask the court to divide or sell real property co-owned by heirs. As a named party, you must act promptly to protect your interest. In Wake County (and…
Can I Use a Small Estate Affidavit to Collect Assets and Avoid Full Probate in Onslow County, NC? North Carolina law allows heirs to collect certain personal property without opening a full probate estate when the total value of personal assets does not exceed $20,000. Under N.C. Gen. Stat. § 28A-19-1, you can file a…
What Is a Partition Action in Brunswick County and What Are My Deadlines to Respond? When co-owners cannot agree on use or sale of inherited real estate in Brunswick County, one party may file a partition action under North Carolina law (N.C. Gen. Stat. § 46-1 et seq.). A partition action asks the court to…
