What steps follow a sale of estate real property in North Carolina before heirs receive their distributions? Detailed Answer After a personal representative sells estate real property in North Carolina, several steps must occur before heirs receive their share of the net proceeds. The process ensures the estate settles valid claims, complies with court requirements,…
What to Do if Your Estate Planning Attorney Leaves Before Completing Your Will and Health Care Power of Attorney Detailed Answer When your attorney departs before finalizing your will and health care power of attorney, you may feel uncertain about next steps. North Carolina law protects your rights and ensures you can complete your estate…
How to Open an Intestate Estate in North Carolina 1. Detailed Answer When someone dies without a valid will, North Carolina law treats their assets as an intestate estate. To distribute those assets, you must open a formal probate proceeding. In North Carolina, you start by filing a petition for administration with the Clerk of…
How Can an Heir in North Carolina Stop Foreclosure on an Inherited Home During Probate? 1. Detailed Answer: Protecting an Inherited Home During Probate When a loved one passes away and leaves real estate behind, the property enters a legal process called probate. Probating an estate lets the court authorize a personal representative to settle…
What information and documents should I provide during my initial call with a North Carolina probate attorney? 1. Detailed Answer When you call a North Carolina probate attorney for the first time, gathering key information and documents helps us evaluate your case. Probate begins when someone dies. The court must confirm a will and appoint…
Handling SBA and Other Creditor Claims in North Carolina Probate Detailed Answer When you serve as a personal representative in a North Carolina estate, you carry a duty to protect estate assets, notify creditors of the probate, review claims, and pay valid debts. This process ensures fair treatment of the decedent’s creditors—whether private lenders, medical…
How long should I expect the lien verification process in a probate case to take, and what might cause delays? Detailed Answer When you serve as a personal representative in a North Carolina probate, you must identify and verify any liens on estate property before you distribute assets to beneficiaries. Common liens include mortgages, judgment…
Detailed Answer In North Carolina, heirs who own undivided interests in real estate sometimes file a partition action to divide or sell the property. A common question in these actions is whether one heir can force another to pay their attorney’s fees. The short answer is that no heir can unilaterally require another to pay…
What steps must a beneficiary follow to obtain sale proceeds held in trust during a North Carolina special proceeding? 1. Detailed Answer When a North Carolina clerk of superior court authorizes a special proceeding to sell estate assets, the sale proceeds often remain in a trust account or the court’s registry until the estate qualifies…
How to Serve and Include a Missing Heir or Spouse in a North Carolina Probate Case 1. Detailed Answer When a beneficiary or surviving spouse cannot be located, North Carolina law provides clear steps to bring that person into a probate proceeding. You must identify the missing party, appoint a guardian ad litem, give proper…
