What Should I Know About Probate Attorney Fees and Billing in North Carolina? When you hire a probate attorney in North Carolina, you enter a fee arrangement governed by the Rules of Professional Conduct and state statutes. You must sign a written engagement agreement that describes hourly rates, flat fees or blended fees. The lawyer…
How are estate expenses like funeral costs, credit card debt, homeowners insurance, and property taxes allocated and reimbursed among co-executors in North Carolina probate? When someone dies in Wake County (or any North Carolina county) and co-executors administer the estate, they must identify, classify, and pay valid estate expenses before distributing any remaining assets. By…
How do I open an intestate estate in McDowell County when my relative dies without a will? When someone dies without a valid will in North Carolina, the decedent’s assets pass by intestate succession under N.C. Gen. Stat. § 29-14. In McDowell County, the process begins at the Superior Court clerk’s office in Marion or…
What are the proper steps for a personal representative to request reimbursement of estate expenses and real property carrying costs in North Carolina probate? When you serve as personal representative in Wake County or any North Carolina jurisdiction, you may advance costs to preserve estate assets. General Statute § 28A-13-3 authorizes you to pay insurance,…
What information and documents should I gather before contacting a North Carolina probate attorney? Preparing for your initial call with a North Carolina probate attorney saves time and avoids delays. Whether you plan to open a full administration, summary probate or use a small estate affidavit, you should assemble key facts about the decedent and…
FAQ 1: How can an heir in Wake County stop foreclosure on an inherited home during probate? When a loved one’s home faces foreclosure while you administer or inherit through probate, time matters. In Wake County, North Carolina, a foreclosure attorney must hold a hearing before entering an order of sale. Until the judge signs…
How can I locate a will and initiate probate in Kingston, North Carolina? When a loved one dies in Kingston, North Carolina, the first step is to determine whether they left a will. Under North Carolina law, anyone in possession of the decedent’s last will must lodge it with the clerk of superior court in…
FAQ 1: Do I Have to Pay Probate Attorney Fees Upfront and Can I Be Reimbursed from the Estate? In North Carolina, attorneys generally require a retainer before beginning probate work. You sign a retainer agreement and pay initial fees out of pocket. Once a personal representative is officially appointed and estate assets become available,…
What steps should a personal representative take when Medicaid Estate Recovery omits estate real property from its satisfaction of claim? When Medicaid Estate Recovery files a satisfaction of claim but omits estate real property—even though it held a valid lien—you must act promptly to protect heirs and assets. Under North Carolina law, Medicaid may recover…
Probate FAQs – Pierce Law Group Q1: I just turned 18 and I’m the sole heir in an intestate estate that my uncle opened. What changes now? Under North Carolina law, minors cannot bind themselves to contracts or manage an estate. Once you turn 18, you gain full legal capacity to control your inheritance. However,…
