Detailed Answer When several heirs inherit real estate in North Carolina, each co-heir holds an undivided interest. If one co-heir pays for substantial repairs or upgrades—such as a new roof, structural fixes or interior renovations—they may seek reimbursement through a special proceeding. You will generally proceed under probate if the estate remains open or file…
How can a surviving spouse retitle and sell a deceased spouse’s vehicles in North Carolina under the year’s allowance? Detailed Answer North Carolina’s year’s allowance lets a surviving spouse set aside personal property, including motor vehicles, for support during the first year after a spouse’s death. To retitle and sell a deceased spouse’s car under…
How to claim life insurance proceeds if the named beneficiary dies after the insured but before payment? Detailed Answer When an insured person passes away, life insurance proceeds typically go directly to the named beneficiary. But what happens if that beneficiary dies after the insured but before the insurer pays out? In North Carolina, the…
What steps should heirs in North Carolina take to verify and protect their inherited real property interests? Detailed Answer When you inherit real property in North Carolina, you gain a valuable interest. To secure your rights and avoid disputes, follow a clear process grounded in North Carolina law. 1. Open the Estate in Probate Court…
Detailed Answer Discovering an original will after probate has begun can raise important questions about a decedent’s final wishes. North Carolina law provides a clear path to bring a later-found will into the estate record. Under G.S. 28A-6-1, any interested person or the personal representative can ask the clerk of superior court to admit a…
When Are Taxes Due on the Sale of Inherited Real Estate in North Carolina, and Who Pays Them? 1. Detailed Answer When you sell inherited real estate in North Carolina, you may face two main types of tax: federal capital gains tax and North Carolina income tax on the gain. Generally, you pay taxes in…
How can heirs verify beneficiary designations on retirement and brokerage accounts after a loved one’s death in the State of North Carolina? Detailed Answer Losing a loved one is stressful. Learning how their financial assets transfer adds complexity. In North Carolina, beneficiary designations on retirement plans and transfer-on-death brokerage accounts generally bypass probate and pass…
How to Admit a Holographic Will to Probate in North Carolina Detailed Answer A holographic will is one that is handwritten and signed by the testator, without the usual two witnesses. Under North Carolina law, such a will cannot become valid unless it meets the formal requirements set out in N.C. Gen. Stat. § 31-2.1.…
How to Reopen a Closed North Carolina Probate Estate to Address Outstanding Creditor Claims 1. Detailed Answer When a probate estate in North Carolina closes without resolving all valid creditor claims, state law lets interested parties request that the court reopen the estate. Under Chapter 28A, Article 23 of the North Carolina General Statutes, the…
How do I serve a missing heir in a North Carolina partition action to sell co-owned property in North Carolina? Detailed Answer When co-owners cannot agree on dividing or selling real estate, one may file a partition action under North Carolina law. Partition actions are governed by Chapter 46 of the General Statutes (N.C. Gen.…
