What steps should a personal representative take when opposing counsel accuses them of violating a standstill order and demands discovery?

What steps should I take if opposing counsel accuses me of violating a standstill order and seeks discovery of estate assets in a Scotland County probate? When a probate court issues a standstill order under N.C.G.S. § 28A-15-3.2, it bars any party from transferring, encumbering, or distributing estate assets without court approval. Yet the order…

What is a commissioner’s sale in a North Carolina partition action, and how does the upset bid process work?

What is a Commissioner’s Sale in a North Carolina Partition Action and How Does the Upset Bid Process Work? When co-owners cannot agree on selling or dividing inherited real estate, a partition action under North Carolina law forces a sale or division. A court appoints a commissioner—an independent officer—to market and sell the property. After…

How does an out-of-state executor transfer a mobile home affixed to land and vehicles after probate in North Carolina?

FAQ 1: How Do I Transfer a Mobile Home Affixed to Land and Other Vehicles After Probate in North Carolina? As the out‐of‐state executor named in your brother’s will, you must determine whether the mobile home is personal property or real property. In most North Carolina counties (we’ll use “Califac County” as an example), a…

What steps can co-owners take to resolve inherited property disputes and avoid a North Carolina partition action?

FAQ 1: How do I enforce a family settlement agreement in a North Carolina probate estate? When parties in a Randolph County probate estate sign and the clerk approves a family settlement agreement, it becomes a binding order enforceable under North Carolina law. To enforce a post-distribution agreement—often called a mediated settlement agreement—you file a…

What steps are required to draft and file a Final Distribution Order in North Carolina probate?

FAQ 1: What steps are required to draft and file a Final Distribution Order in North Carolina probate? In North Carolina probate, a Final Distribution Order formally allocates remaining estate assets to heirs or beneficiaries once debts, taxes, and administrative expenses are settled. Chapter 28A of the North Carolina General Statutes governs distribution procedures. Under…