What are my options when the costs of a property partition action outweigh the estate’s available equity in North Carolina?

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…

When is a North Carolina probate attorney required based on a decedent’s residency or property ownership?

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?

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…