Understanding Co-Heir Rights Under North Carolina Law When a parent or other family member passes away and leaves real property to multiple heirs, each heir holds an undivided interest in the property. North Carolina law grants co-heirs equal rights of possession and control. If one co-heir, such as a sibling, refuses to allow access, use…
What happens to real property when someone dies without a will in the State of North Carolina? When a person dies without a will in North Carolina, they die “intestate.” The law sets out exactly how to handle their real property—land and buildings—through a process called intestate succession. This article explains how the state distributes…
How do I properly deposit a decedent’s refund check into an estate bank account in North Carolina? Detailed Answer When you serve as personal representative for a decedent’s estate in North Carolina, you must handle all estate funds with care and in compliance with state law. A refund check—whether from the IRS, NCDOR, or another…
How Are Probate Attorney Fees Calculated for Estate Administration in North Carolina? 1. Detailed Answer When someone passes away in North Carolina, the personal representative (formerly called executor) often hires an attorney to help administer the estate. North Carolina law allows attorneys to charge reasonable fees for probate work, but it also provides guidelines to…
Detailed Answer When several heirs inherit real estate in North Carolina, each co-heir holds an undivided interest. If one co-heir pays for substantial repairs or upgrades—such as a new roof, structural fixes or interior renovations—they may seek reimbursement through a special proceeding. You will generally proceed under probate if the estate remains open or file…
How can a surviving spouse retitle and sell a deceased spouse’s vehicles in North Carolina under the year’s allowance? Detailed Answer North Carolina’s year’s allowance lets a surviving spouse set aside personal property, including motor vehicles, for support during the first year after a spouse’s death. To retitle and sell a deceased spouse’s car under…
How to claim life insurance proceeds if the named beneficiary dies after the insured but before payment? Detailed Answer When an insured person passes away, life insurance proceeds typically go directly to the named beneficiary. But what happens if that beneficiary dies after the insured but before the insurer pays out? In North Carolina, the…
What steps should heirs in North Carolina take to verify and protect their inherited real property interests? Detailed Answer When you inherit real property in North Carolina, you gain a valuable interest. To secure your rights and avoid disputes, follow a clear process grounded in North Carolina law. 1. Open the Estate in Probate Court…
Detailed Answer Discovering an original will after probate has begun can raise important questions about a decedent’s final wishes. North Carolina law provides a clear path to bring a later-found will into the estate record. Under G.S. 28A-6-1, any interested person or the personal representative can ask the clerk of superior court to admit a…
When Are Taxes Due on the Sale of Inherited Real Estate in North Carolina, and Who Pays Them? 1. Detailed Answer When you sell inherited real estate in North Carolina, you may face two main types of tax: federal capital gains tax and North Carolina income tax on the gain. Generally, you pay taxes in…
