How to Petition for Surplus Funds after a Foreclosure Sale in North Carolina Detailed Answer When a lender forecloses on real property in North Carolina and the sale brings in more money than the total debt owed, the extra proceeds—called surplus funds—belong to parties with higher priority claims. You can petition the Clerk of Superior…
Can a co-owner sell property in North Carolina without the other’s consent, and how does a partition action proceed? Detailed Answer When two or more people own real property together in North Carolina, the law treats them as either joint tenants or tenants in common. Your rights to sell or transfer property depend on which…
North Carolina Probate Lawyer: Unlocking POD Bank Funds and Correcting Small-Estate Mistakes Bank accounts with a payable-on-death (POD) designation can deliver fast relief to families after a loved one’s passing, yet confusion often slows the payout or hides assets that rightfully belong to heirs. This in-depth guide shows how a North Carolina probate lawyer helps…
What Steps Are Needed to Transfer a Deceased Loved One’s Vehicle Title in North Carolina Using a Small Estate Affidavit? Detailed Answer Losing a family member creates many tasks, including moving assets into your name. In North Carolina, you may use a small estate affidavit when the decedent’s personal property (excluding liens) totals $20,000 or…
North Carolina Probate Lawyer: Simple Answers for Bank and Vehicle Transfers After a Death Featured summary: In North Carolina, a named beneficiary may collect funds from a payable-on-death bank account by presenting a certified death certificate and proof of the designation. A vehicle titled only in the decedent’s name, however, stays in the estate until…
Do I Need an Attorney to Prepare a Quitclaim Deed for North Carolina Probate Inheritance? When you inherit a home through probate, transferring title often requires a deed—commonly a quitclaim deed—to reflect the new owner. North Carolina law does not strictly require you to hire an attorney to draft that document. However, several considerations make…
Can I continue my equitable distribution claim if my spouse dies before our divorce is finalized in North Carolina? 1. Detailed Answer When you file for divorce in North Carolina, equitable distribution of marital property proceeds alongside the divorce itself under Chapter 50 of the North Carolina General Statutes. If your spouse dies before the…
North Carolina Probate Lawyer: A Clear Roadmap for Starting Probate Opening an estate does not have to feel intimidating. By following the correct sequence of filings and gathering key paperwork before arriving at the clerk’s counter, families reduce delays and protect the property of their loved ones. This practical guide explains each stage a North…
Can a West Virginia–executed will and health-care power of attorney be admitted for probate and decisions in North Carolina? Detailed Answer North Carolina recognizes wills executed in other states if they meet certain requirements. Under N.C.G.S. §31-6, a will validly executed under the law of the state where it was signed is eligible for probate…
When does real property become part of a North Carolina probate estate for distribution or creditor claims? Detailed Answer In North Carolina, a decedent’s ownership interest in real property becomes part of the probate estate the moment the decedent dies. If the decedent held title solely in their name or as a tenant in common,…
