1. What Happens When a Will’s Sole Beneficiary Dies Before the Testator? Detailed Answer Under North Carolina law, if a will leaves an asset to a named beneficiary who dies before the testator and the will contains no alternate beneficiary clause, the gift typically “lapses” and falls into the residuary estate or passes by intestacy.…
FAQ 1: How Can I Challenge an Incompetency Determination and Regain Guardianship of a Parent in Randolph County, NC? In North Carolina, a court may appoint a guardian when it finds clear and convincing evidence that an adult is unable to manage personal or financial affairs. If you believe the adjudication of incompetence was improper,…
FAQ 1: What Steps Are Required in a North Carolina Partition Action to Sell and Distribute Estate Property? In North Carolina, a partition action allows co-owners or heirs to divide or sell real property when they cannot agree on its use. In Wake County (as an example), you begin by filing a complaint for partition…
What initial steps should executors take to open probate of a will in Forsyth County, North Carolina? When a loved one passes away with a valid will, the first task executors face is probating that will at the Clerk of Superior Court in the county where the decedent lived. In Forsyth County, you must take…
FAQ 1: When Should I Consider a Guardianship Proceeding for an Incapacitated Adult in Wake County, NC? When a family member or friend shows diminished capacity to manage personal care or financial affairs, you may need to file for guardianship in Wake County. North Carolina law defines an “incapacitated person” as someone who, due to…
FAQ 1: What Is an Elective Share and How Do I File for It in Mecklenburg County? Under North Carolina law, a surviving spouse may claim an “elective share” if the decedent’s will omits or restricts spousal rights. The elective share equals 30% of the “augmented estate” (net probate plus certain nonprobate assets). See N.C.…
How Can Heirs Force the Sale of Inherited Property When a Co-Owner Refuses to Sell? When multiple heirs inherit real estate in North Carolina, one holdout can stall a sale. Under N.C.G.S. Chapter 46 (“Partition of Real Property”), any co-owner may file a partition action in county superior court to divide or sell the property.…
What rights does a co-owner have to access, inspect, and monitor jointly owned property in North Carolina? When two or more people inherit real estate as tenants in common, each owner holds an undivided interest in the whole parcel. Under North Carolina law, co-owners have equal rights to possess and use the entire property. You…
FAQ 1: What steps must a personal representative follow to recover surplus funds after a foreclosure sale in North Carolina? When a property in North Carolina sells at a judicial foreclosure and bids exceed the debt, the personal representative can recover the surplus for the estate. First, confirm the upset bid period has closed. Under…
FAQ 1: What Happens to Real Property When Someone Dies Without a Will in Wayne County, North Carolina? When a person dies intestate (without a valid will) in Wayne County, North Carolina, North Carolina’s intestate succession statutes govern how real property passes. Under N.C.G.S. § 29-14, if the decedent leaves only children and no surviving…
