What options do heirs have to resolve a co-owned inherited property dispute under North Carolina probate law? Understanding Your Options Under North Carolina Law When a decedent leaves real property to two or more heirs, disputes may arise over how to manage, divide, or sell that property. North Carolina probate and property law offer several…
How to Apply for and Use an Estate EIN in a North Carolina Probate Case Detailed Answer When someone passes away, the personal representative (formerly called executor) of the estate must manage financial affairs on behalf of heirs and creditors. One crucial step is obtaining an Employer Identification Number (EIN) for the estate. The estate…
What steps should a North Carolina personal representative take if estate funds are misappropriated at a real estate closing? Detailed Answer When estate funds disappear during a real estate closing, a personal representative must act quickly. North Carolina law holds fiduciaries to strict duties. You must protect the estate from further loss and seek recovery.…
Detailed Answer If you live outside North Carolina and need to become guardian of an adult relative who cannot make decisions for themselves, you can still petition the North Carolina court that has jurisdiction over the proposed ward’s residence. North Carolina law (Chapter 35A of the North Carolina General Statutes) sets out clear steps to…
What Happens to a Decedent’s Tenants in Common Property Share in North Carolina if They Die Without a Will? Detailed Answer In North Carolina, when someone owns real estate as tenants in common, each co-owner holds an independent share. Unlike joint tenancy, there is no right of survivorship. If a co-tenant dies without leaving a…
How Selling an Estate Property Affects Inheritance and the Order of Debt Payments in North Carolina Detailed Answer When a person dies, their assets—real estate included—pass into an estate. The personal representative (sometimes called an executor) inventories all assets and notifies creditors. If the estate lacks sufficient cash to pay debts and expenses, the representative…
How do I recover excess property tax payments I made on co-owned inherited real estate in North Carolina? Detailed Answer In North Carolina, property taxes on inherited real estate become an expense of the estate while administration remains open. You can recover excess payments by first seeking reimbursement from the estate’s personal representative. If the…
How do I find and select an attorney to draft a will and trust in North Carolina? Answer Planning your estate by creating a will and trust provides peace of mind. In North Carolina, properly drafted documents meet legal requirements under Chapter 31 of the North Carolina General Statutes (wills) and the Uniform Trust Code…
How does funding a revocable living trust before death affect probate in North Carolina? Detailed Answer A revocable living trust lets you hold assets under a trustee’s name during your lifetime. You control those assets and can change or revoke the trust at any time. Funding the trust means retitling property—real estate, bank accounts, investment…
Understanding Adult Guardianship in North Carolina When a parent develops dementia and can no longer manage personal care or financial affairs, you may need to seek adult guardianship under North Carolina law (Chapter 35A, Article 11). Guardianship gives a responsible person legal authority to make decisions on behalf of an incapacitated adult. This article explains…
