How Can I Disclaim an Inheritance in North Carolina? Disclaiming an inheritance means legally refusing to accept property or assets that pass to you under a will or by intestate succession. In North Carolina, you must follow specific steps, which start with a written disclaimer that is filed within the time prescribed by law. The…
Can a Power of Attorney Draft a Will for a Loved One with Dementia in North Carolina? In North Carolina, a will must be executed by a person of sound mind, who clearly understands the nature and extent of the act of drafting a will. The law requires that the testator communicate their wishes without…
How Can a Surviving Spouse Transfer Property Title Without Opening Probate in North Carolina? In North Carolina, if the property was owned as joint tenants with rights of survivorship, the surviving spouse may not need to open probate to transfer the title. In the transcript, the corrective deed executed on the same day established that…
What Is the Probate Process in North Carolina When There Is Uncertainty About a Will? In North Carolina, when a loved one passes away, the court may require that their estate be probated. Probate is a judicial process designed to validate a will or, if no will exists, determine which heirs are entitled to the…
What Are My Options if a Co-Heir Wants to Sell My Inherited Property? Detailed Answer In North Carolina, when one co-heir expresses an eagerness to sell inherited property—perhaps to satisfy estate debts or secure a quick distribution—the other heirs have several options. Under North Carolina probate law, particularly in partition actions, each co-owner holds a…
What Is the Difference Between a Will and a Trust in North Carolina Probate? A will and a trust serve different purposes in estate planning under North Carolina law. A will is a legal document that directs the distribution of your assets after death and names an executor to manage the estate during probate. Under…
FAQ 1: What Should I Do If Someone Fraudulently Opens Probate Using My Identity in North Carolina? Answer In North Carolina, if you suspect that someone has fraudulently opened probate using your identity, you must act swiftly. When records indicate that an estate in a county like Pinda County has been opened with documents that…
What Is the Difference Between Hourly Billing and Flat Fee Representation in Probate Cases in Wayne County, NC? Answer: Choosing the right fee structure for probate representation can be a challenging decision. In Wayne County, NC, cases are often handled on an hourly billing basis rather than a flat fee. With hourly billing, the client…
What Is a Partition Action in North Carolina and How Does It Work? A partition action is a legal remedy available in North Carolina that allows co-owners of property to divide or force the sale of an inherited or jointly owned asset. In many cases, disputes arise among family members when one co-owner receives a…
Why Does Probate Sometimes Take Longer Than Expected in North Carolina? Probate can extend well beyond the initial three- to six‑month estimate when complications arise. In North Carolina, probate delays often occur when multiple petitions are necessary, such as when there are two properties or several heirs. In one recent case in Heywood County, the…
