How to Verify and Stop an Agent’s Mismanagement Under a North Carolina Durable Power of Attorney 1. Detailed Answer When you grant someone durable power of attorney in North Carolina, you authorize that person (the agent) to manage your financial affairs if you become unable to do so. North Carolina law imposes on your agent…
How do I file a final and amended final accounting in North Carolina probate? Detailed Answer Filing a final accounting in a North Carolina probate estate lets the court and beneficiaries see all financial activity from start to finish. If you need to correct or update that accounting later, you file an amended final accounting.…
How can I open an intestate estate in North Carolina from another state if there’s no will? When someone dies without a will, North Carolina law treats the estate as intestate. You must open probate in the county where the decedent lived at death. Even if you live outside North Carolina, you can serve as…
What steps and deadlines must be met when filing a caveat to contest a will in North Carolina? 1. Detailed Answer In North Carolina, a caveat lets an interested person pause the will-proving process and ask the clerk of superior court to hear objections before admitting a will to probate. You must act before the…
When can heirs sell inherited property in North Carolina without risking future creditor claims? Detailed Answer Under North Carolina law, heirs must proceed with care when selling property they inherit. Creditors of the deceased can file claims against the estate. If heirs receive title or proceeds too soon, they may have to return funds or…
What Are My Options When the Costs of a Property Partition Action Outweigh the Estate’s Available Equity in North Carolina? Detailed Answer When an estate holds real property and the expenses of partition—including appraisals, court costs, commissioner’s fees and attorney’s fees—exceed the property’s equity, pursuing a partition action under Chapter 46 of the North Carolina…
What Are the Steps to File a Partition Action in North Carolina? Detailed Answer Filing a partition action lets co-owners of real property ask the court to divide or sell land when they cannot agree on its use or disposition. North Carolina law governs partition actions under Chapter 46 of the General Statutes (see N.C.G.S.…
Detailed Answer 1. Life Estates for Surviving Spouses In North Carolina, a decedent can leave real property to a surviving spouse as a life estate. This interest gives the spouse the right to use, possess, and collect income from the property during his or her lifetime. To exercise this right, the surviving spouse must: File…
Detailed Answer In North Carolina, you need a probate attorney when the decedent’s connections to this State trigger either a primary or ancillary estate administration. You must open primary administration if the person died domiciled in North Carolina, regardless of whether they left real or personal property here. If the decedent lived out of State…
How do I establish guardianship for an incapacitated adult in North Carolina and protect their assets from Medicaid estate recovery? Establishing Guardianship for an Incapacitated Adult In North Carolina, you start by filing a petition in the clerk of superior court where the person resides. Under N.C.G.S. § 35A-1211, your petition must describe the adult’s…
