North Carolina Probate Lawyer: Practical Answers to Tough Estate Questions Featured answer: When an heir refuses to leave an inherited home in North Carolina, the executor may file a summary-ejectment case in small-claims court after giving written notice. The magistrate can issue an eviction order, and the sheriff will remove the occupant if necessary. Clear…
How Can I Challenge An Executor Who’s Mismanaging My Grandmother’s Estate and Misusing Funds? Detailed Answer When an executor breaches fiduciary duties, beneficiaries can act to protect the estate. Under North Carolina law, an executor must act loyally, prudently, and in good faith. If you suspect mismanagement or misuse of funds, you have clear legal…
Do I Qualify for a Child’s Allowance in North Carolina If I’m Over 21 Years Old? Detailed Answer In North Carolina, a family allowance gives a surviving spouse and children financial support from an estate during probate. This allowance ensures they maintain a basic standard of living while the estate settles. You find the rules…
Can I Serve as Executor or Administrator of An Estate in North Carolina If I Am Not a Resident? Answer: Dealing with the loss of a spouse is challenging, and managing their estate can add additional stress, especially when you’re unsure about your legal rights. If your spouse passed away in North Carolina, and you’re…
How Can I Ensure Fair Distribution of Inherited Property When My Sibling Is the Executor in North Carolina? Detailed Answer When a family member serves as executor, emotions can run high. You may worry that your sibling will favor themselves or another beneficiary. North Carolina law builds in checks and balances to help you protect…
Do I Need to Open Probate to Sell My Deceased Parent’s House in North Carolina? When a loved one passes away, handling their estate can be overwhelming, especially when it involves selling real property like a house. If your parent passed away in North Carolina, and you wish to sell their house, you might wonder…
Determining Which Will Is Valid in North Carolina When someone leaves more than one will, you must figure out which one controls the distribution of their estate. North Carolina law lays out clear requirements for making a valid will. If you understand these rules, you can spot the will that meets the state’s standards and…
How Do I Determine Which Will Is Valid in North Carolina If There Are Multiple Wills? Detailed Answer When a decedent leaves behind more than one will, North Carolina law provides clear rules to identify which document controls the distribution of the estate. In most cases, the court admits the last validly executed and unrevoked…
How Do I Handle a Deceased Loved One’s Estate When the Will Appears Invalid or Revoked in North Carolina? Detailed Answer When a loved one dies and the will seems invalid or revoked, you face two main paths: probate under the will or administer the estate intestate (without a valid will). North Carolina law sets…
Can I Be Appointed Administrator Over My Deceased Spouse’s Estate in North Carolina? Detailed Answer When a spouse dies without naming an executor in a will, North Carolina law lets the surviving spouse serve as administrator of the estate. Under N.C. Gen. Stat. § 28A-6-2, the surviving spouse holds first priority when the court appoints…
