How do I petition for surplus funds after a foreclosure sale of a deceased relative’s property in North Carolina? Detailed Answer When a lender forecloses on real estate, the sheriff sells the property at a public auction. If the sale price exceeds the total debts and costs secured by the property, state law requires the…
What steps can I take if a North Carolina probate commissioner delays filing a report before the distribution hearing? Detailed Answer In North Carolina probate cases, the probate commissioner plays a crucial role in examining estate assets, inventorying personal property and real estate, and making recommendations on distribution. Under North Carolina General Statute § 28A-18-2,…
How to Petition the North Carolina Superior Court Clerk for Reimbursement of Legal Fees from Estate Assets Detailed Answer When you act as personal representative of an estate, you may incur legal fees that the estate can reimburse if you follow the procedure set out in North Carolina law. Under N.C. Gen. Stat. §28A-13-3, you…
What steps can I take to challenge a false incompetency claim and recover my inheritance in North Carolina? 1. Detailed Answer When someone files a claim that a loved one lacks mental capacity, the court may appoint a guardian to handle that person’s affairs. You can take action to challenge a false incompetency claim and…
Do Surviving Spouses in North Carolina Need to Open Probate to Transfer a House Held as Tenants by the Entirety? Detailed Answer In North Carolina, when a married couple holds real estate as tenants by the entirety, ownership automatically passes to the surviving spouse upon the death of the other spouse. You do not need…
What North Carolina tax returns must a personal representative file, and can a CPA letter confirm no tax is due? Detailed Answer When someone dies in North Carolina, the personal representative (PR) steps in to wrap up the decedent’s financial affairs. Part of that role often includes filing both federal and state tax returns for…
What rights do North Carolina trust beneficiaries have to copies of a revocable living trust and enforcement options if refused? Detailed Answer Under North Carolina law, beneficiaries of a revocable living trust have a clear right to request and receive copies of the trust instrument. The North Carolina Trust Code establishes specific duties for trustees…
How do I join a partition action and sell inherited property in North Carolina? Detailed Answer When family members inherit real estate together, disagreements about use or division can arise. North Carolina law provides a partition action under Chapter 46 of the General Statutes. A partition action asks the court to divide or sell property…
What steps must one take in North Carolina to exhume and move a loved one’s remains to another state? 1. Detailed Answer Moving a loved one’s remains across state lines is a sensitive process. In North Carolina, you must follow specific legal steps. These steps ensure you act respectfully and comply with state law. 1.1…
Why North Carolina Probate Requires Written Receipts from Beneficiaries 1. Detailed Answer In North Carolina probate administration, personal representatives must collect written receipts from each beneficiary before distributing estate assets. This requirement appears in North Carolina General Statutes §28A-14-18 and §28A-14-10. By obtaining a signed receipt, the personal representative documents that the beneficiary received the…
