FAQ 1: How Can I Reopen a Closed Estate in Rutherford County to Recover Assets Removed After Closing? Under North Carolina law, you can petition a clerk of superior court to reopen an estate administration when assets remain uncollected or have been improperly removed. N.C. Gen. Stat. § 28A-19-1 authorizes reopening a closed estate “if…
What initial steps and deadlines must a personal representative follow in North Carolina probate? When you qualify as executor or administrator of an estate in North Carolina—whether in Cabarrus County or another jurisdiction—you must act promptly to preserve assets and comply with statutory deadlines. First, file the oath and bond (if required) with the Clerk…
How can heirs divide personal property informally in North Carolina without a formal probate or partition sale? When a decedent’s personal property consists mainly of furnishings, household items or low-value assets, heirs often prefer an informal division over opening an estate or calling in three court-appointed commissioners. North Carolina law offers several tools to simplify…
1. How Do I Inventory Estate Assets and Address Obstruction by Co-Heirs in Cumberland County? When you qualify as the personal representative of an intestate estate in Cumberland County, North Carolina, state law requires you to file an inventory and appraisal of the decedent’s assets within 90 days of qualification under N.C. Gen. Stat. §…
What documents should I gather before contacting a North Carolina probate attorney about an estate? When you call a probate attorney—whether in Wake County or any other county—it helps to have key records on hand. These documents help your lawyer assess the estate and plan the next steps. Gather anything you have that shows the…
FAQ 1: What steps must an out-of-state executor take to open probate for a North Carolina resident’s estate? If you live outside North Carolina and serve as executor under a will for someone who lived in Avery County (for example, Newland, Banner Elk or Boone), you can still open and administer the estate here. North…
What can I do if a sibling with power of attorney misappropriates a parent’s assets in Robeson County, NC? When a parent grants power of attorney (POA) to a trusted family member, North Carolina law imposes strict duties on that agent. Under N.C. Gen. Stat. § 32C-11(Standards applicable to agents), an agent must act in…
1. How can I protect a terminally ill parent in Columbus County from an individual who is controlling her medical and financial decisions? Answer: When a loved one suffers from advanced illness and a new companion limits family access, you need to act quickly. In Columbus County (for example, Whiteville), gather evidence of diminished capacity.…
How Do I Transfer My Interest in Inherited Property to Other Co-Heirs in North Carolina? When you inherit real estate with multiple heirs in North Carolina, you can transfer your undivided interest by executing and recording a deed conveying your share to the remaining owners. This approach removes your name from title and shifts all…
How can I resolve property description discrepancies and confirm legal ownership when selling inherited co-owned real estate in North Carolina? When you inherit property that has multiple deeds, surveys or title documents, you must sort out the correct legal description before you can sell. In North Carolina, a co-owner can ask the court for a…
