How Tenancy by the Entirety in North Carolina Avoids Probate and Automatically Transfers Property to the Surviving Spouse Detailed Answer In North Carolina, married couples can hold real estate as tenants by the entirety. This form of ownership treats both spouses as a single legal unit. When one spouse dies, the surviving spouse automatically owns…
What steps are required to open an intestate estate in North Carolina and ancillary probate in California? 1. Detailed Answer Handling an estate when someone dies without a will in North Carolina requires you to follow the state’s intestacy rules. When the deceased also owned property in California, you must open an ancillary probate there…
Do I have to pay North Carolina probate attorney fees upfront and can I seek reimbursement from the estate? Understanding Probate Attorney Fees in North Carolina When you start a probate case in North Carolina, you often wonder whether you must cover attorney fees out of your pocket before the estate has any funds. You…
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…
Can I use North Carolina’s small estate affidavit to transfer real property if it’s the only asset? Detailed Answer North Carolina’s small estate affidavit process only applies to a decedent’s personal and intangible property. You cannot use it to transfer real estate. Under North Carolina General Statutes § 28A-25-1, an heir or beneficiary may collect…
What is a North Carolina Elective Share and How Does a Surviving Spouse File for It? Detailed Answer In North Carolina, an elective share gives a surviving spouse the right to claim a portion of the decedent’s estate instead of what the will provides. This law prevents a spouse from being left with nothing. North…
Can out-of-state clients work with North Carolina probate attorneys remotely? Detailed Answer Yes. Out-of-state clients can retain and work with North Carolina probate attorneys without ever setting foot in the state. Technology and recent statutory changes make it simple to handle every stage of estate administration from a distance. An attorney licensed in North Carolina…
Are life insurance proceeds and IRA distributions subject to equitable distribution claims in North Carolina after a spouse’s death? 1. Detailed Answer In North Carolina, equitable distribution applies only during a divorce proceeding, under G.S. 50-20. Once a spouse dies, the court no longer divides marital property. Instead, assets pass according to beneficiary designations, a…
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…
