What steps can beneficiaries take under North Carolina law if an executor improperly distributes estate funds to someone not named in the will?

Probate Q&A Series

What steps can beneficiaries take under North Carolina law if an executor improperly distributes estate funds to someone not named in the will? Detailed Answer In North Carolina, the person appointed to administer an estate—called a personal representative—owes strict fiduciary duties to the estate and its beneficiaries. North Carolina law requires that the personal representative…

What information and documents should I gather before my initial call with a North Carolina probate attorney?

Probate Q&A Series

Detailed Answer When you speak with a North Carolina probate attorney for the first time, having the right information ready helps us evaluate your situation quickly and accurately. Probate begins when someone dies owning assets in their name alone. In North Carolina, the court oversees distributing those assets under N.C. Gen. Stat. §28A-2-2. Preparing documents…

How can I retrieve personal property when an uncooperative occupant blocks access under a North Carolina special proceeding?

Probate Q&A Series

How to Retrieve Personal Property When an Uncooperative Occupant Blocks Access under a North Carolina Special Proceeding Detailed Answer When someone holds your personal property and denies you access, North Carolina law offers a streamlined court process called a special proceeding. This process appears in Chapter 28A, Article 19A of the North Carolina General Statutes.…

How do I transfer a deceased parent’s trailer title in North Carolina using a Small Estate Affidavit?

Probate Q&A Series

How do I transfer a deceased parent’s trailer title in North Carolina using a Small Estate Affidavit? Detailed Answer Losing a parent brings many tasks, including transferring ownership of personal property such as a trailer. In North Carolina, you may avoid full probate by using a Small Estate Affidavit when the decedent’s personal property does…

Why file an amended inventory showing zero value when guardianship or trust assets remain outside your custody in North Carolina?

Probate Q&A Series

Why File an Amended Inventory Showing Zero Value When Guardianship or Trust Assets Remain Outside Your Custody in North Carolina? Detailed Answer Under North Carolina law, personal representatives and guardians must file an inventory of all estate assets they hold. The requirement appears in North Carolina General Statutes § 28A-13-2, which mandates that a personal…

How long should co-heirs allow for settlement negotiations before filing contested probate proceedings in North Carolina?

Probate Q&A Series

How long should co-heirs allow for settlement negotiations before filing contested probate proceedings in North Carolina? Detailed Answer When co-heirs disagree about how an estate should distribute assets, they often try to resolve the dispute through settlement discussions before heading to court. North Carolina law does not mandate a specific negotiation period, but it does…

How do I compel a personal representative in North Carolina to produce a decedent’s original will?

Probate Q&A Series

How do I compel a personal representative in North Carolina to produce a decedent’s original will? Detailed Answer When a decedent’s original will remains out of sight, beneficiaries and other interested parties may worry that the estate administration stalls or that assets go unprotected. North Carolina law requires every personal representative to deliver the decedent’s…