Filing a Motion in the Cause to Appoint a Successor Guardian in North Carolina 1. Detailed Answer A motion in the cause allows you to ask the court that handled the original guardianship case to name a new guardian when the current guardian can no longer serve. North Carolina law, under N.C. Gen. Stat. §…
How do you petition to reopen a closed estate in North Carolina and prepare effectively for the hearing? Detailed Answer Sometimes an estate closes only to reveal overlooked assets, creditor claims or a mistake in distribution. North Carolina law lets you reopen a closed estate so the court can correct errors, distribute newly discovered property…
What actions can I take if a named executor fails to file my father’s will in North Carolina? Detailed Answer When someone is named executor in a will, North Carolina law requires that person to file the decedent’s will with the clerk of court in the county where the decedent lived. Under G.S. 28A-6-2, an…
How can an out-of-state executor appoint a North Carolina process agent and open probate in North Carolina? 1. Detailed Answer When someone named as an executor in a will lives outside North Carolina, the state requires a local agent for service of process. This process agent accepts legal papers on behalf of the executor. Without…
What steps must I complete to transfer title and qualify for a reverse mortgage on an inherited North Carolina house? Detailed Answer In North Carolina, transferring title to an inherited home begins with a proper probate administration. Once title passes lawfully to your name, you can work with a lender to secure a reverse mortgage,…
How to Remove a Deceased Co-Owner’s Interest and Sell an Inherited Property in North Carolina When a co-owner dies, the surviving owner or heirs must clear title before selling inherited real estate. North Carolina law outlines specific procedures for joint tenancy, tenants in common, probate administration, and partition actions. Following these steps will help you…
How do I transfer a co-heir’s interest in inherited property in North Carolina? Detailed Answer When someone dies in North Carolina, any real estate they own usually goes through probate under Chapter 28A of the North Carolina General Statutes. After the court appoints a personal representative and the estate’s debts get paid, the remaining property…
Detailed Answer When someone dies without a valid will in North Carolina, they die “intestate.” State law then names heirs and spells out how their assets pass. If you believe you qualify as an heir, you can petition the Clerk of Superior Court to open probate and appoint you as personal representative. Once appointed, you…
How to Probate an English Will with a Handwritten Chinese Addendum in North Carolina Detailed Answer 1. North Carolina’s Rules for Foreign Wills North Carolina recognizes a will executed outside the State if it meets the formal requirements of the jurisdiction where it was signed or those of North Carolina. See G.S. 28A-2-3. An English…
How to Fix Deed Description Errors and Clear Title Issues Before Selling Inherited Co-Owned Real Estate in North Carolina Detailed Answer When you inherit property in North Carolina with co-owners, accurate deed descriptions and clear title matter. Buyers and lenders require a clean chain of title. If a deed contains a boundary error, a missing…
