Category Archives: Probate Q&A Series

How Can Heirs Structure Payment of Probate Attorney Fees in North Carolina, Including Retainer Deposits, Hourly Billing, and Inheritance-Share Assignments?

How Can Heirs Structure Payment of Probate Attorney Fees in North Carolina, Including Retainer Deposits, Hourly Billing, and Inheritance-Share Assignments? 1. Detailed Answer When heirs work together to administer an estate in North Carolina, they must decide how to pay probate attorney fees. State law permits three common payment methods: retainer deposits, hourly billing, and…

How do I transfer a vehicle title to a surviving parent in North Carolina when the original will is missing?

How do I transfer a vehicle title to a surviving parent in North Carolina when the original will is missing? Detailed Answer Losing an original will complicates the transfer of a decedent’s vehicle, but North Carolina law provides clear paths. You have two main options: use a small estate affidavit or open a full estate…

Can a co-owner force the sale of inherited property under a North Carolina partition action?

Can a co-owner force the sale of inherited property under a North Carolina partition action? Detailed Answer When someone dies owning real estate in North Carolina without leaving instructions to keep the property intact, their heirs or beneficiaries inherit as tenants in common. Each co-owner holds an undivided share in the entire property. Conflicts often…

What initial steps should I take to probate a will in North Carolina?

What initial steps should I take to probate a will in North Carolina? Detailed Answer When someone dies with a will in North Carolina, you must open a probate proceeding in the clerk of superior court’s office in the county where the person lived. Start by locating the original will and obtaining a certified copy…

How can a guardian collect life insurance proceeds for a beneficiary under guardianship in North Carolina?

How can a guardian collect life insurance proceeds for a beneficiary under guardianship in North Carolina? Detailed Answer When a life insurance policy names a ward under guardianship as the beneficiary, the guardian must follow clear steps to collect those proceeds for the ward’s benefit. Under North Carolina law, the guardian holds the authority to…

Who Qualifies as an Heir under North Carolina Intestate Succession When a Decedent Has an Adopted Minor Child with Disabilities?

Who Qualifies as an Heir under North Carolina Intestate Succession When a Decedent Has an Adopted Minor Child with Disabilities? 1. Detailed Answer When someone dies without a valid will in North Carolina, the state’s intestate succession law determines who inherits the estate. The presence of an adopted minor child with disabilities raises important questions…

How can heirs in North Carolina force a partition sale of inherited real property when a co-owner won’t cooperate?

Detailed Answer When two or more heirs inherit real estate as tenants in common, each owns an undivided interest in the entire property. If one co-owner refuses to sell or divide the land, North Carolina law allows the other owners to ask a court to force a sale. This remedy is called a partition action.…

What is a consent judgment in a partition action in North Carolina?

What is a Consent Judgment in a Partition Action in North Carolina? Detailed Answer A consent judgment in a partition action arises when all co‐owners of real property agree on how to divide or sell the land and ask the court to enter judgment based on their agreement. Instead of litigating disputed boundaries or sale…

How do I match estate tax returns with partnership records to separate estate assets in the State of North Carolina probate and partition?

How do I match estate tax returns with partnership records to separate estate assets in the State of North Carolina probate and partition? Detailed Answer When a decedent holds a partnership interest, the personal representative must identify and value that interest before distribution. Start by reviewing the federal estate tax return (IRS Form 706) if…

What Are My First Duties as a North Carolina Estate Administrator After Obtaining Letters of Administration?

What Are My First Duties as a North Carolina Estate Administrator After Obtaining Letters of Administration? 1. Detailed Answer: Your Initial Responsibilities Once the Clerk of Superior Court issues letters of administration, you step into a role of trust. North Carolina law (Chapter 28A of the General Statutes) guides you every step of the way.…