How can co-owners in North Carolina agree to a private sale of inherited property and distribute the proceeds? Detailed Answer When someone dies owning real estate in North Carolina, the property typically passes into a probate estate. Co-owners (often heirs or devisees) may prefer a private sale rather than dividing the land or home. Under…
How can I open an intestate estate in North Carolina when no heirs are known? 1. Detailed Answer When someone dies without a will in North Carolina, the estate must go through probate under the rules for intestacy (see N.C. Gen. Stat. § 28A-2-1). If you believe no heirs exist or you cannot locate them,…
What Is a Show Cause Hearing in North Carolina Probate? In North Carolina probate, a show cause hearing allows the court to assess whether a personal representative has followed statutory duties. The court orders the representative to “show cause” why it should not impose sanctions or remove the representative for failure to act appropriately. You…
Do Out-of-State Guardians in North Carolina Need to Appoint a Resident Process Agent? Detailed Answer Under North Carolina law, any guardian appointed to manage the personal or financial affairs of a protected person must comply with local rules even if the guardian lives outside the State. The Uniform Guardianship and Conservatorship Act treats a guardian…
How do I pay for lawn mowing and property maintenance from an estate account in North Carolina? 1. Detailed Answer When you serve as a personal representative (administrator or executor) of a North Carolina estate, you hold a fiduciary duty to manage and protect estate assets. Keeping real property in good condition often requires routine…
How do I reopen a closed North Carolina probate estate to recover newly discovered assets or correct fiduciary errors? Detailed Answer Under North Carolina law, you can petition to reopen a probate estate after it has been closed when you discover new assets or need to correct mistakes made by a fiduciary. The governing statute…
How does a North Carolina personal representative recover reimbursement for auto loan payments and real property carrying costs in probate? Detailed Answer When you serve as a personal representative in North Carolina, the law lets you recoup the money you spend to preserve estate assets. That includes auto loan payments, vehicle insurance, property taxes, insurance…
Detailed Answer In North Carolina, a divorce automatically revokes an ex-spouse’s beneficiary designation on certain non-probate instruments under N.C.G.S. § 31-5. This statute covers wills, trusts, life insurance policies, payable-on-death accounts, and other contracts. By operation of law, a former spouse loses any right to receive property or benefits that would otherwise pass directly through…
What Are North Carolina’s Rules for Paying Liens and Notifying Unknown Heirs in Wrongful Death Settlements? 1. Detailed Answer Paying Liens in Wrongful Death Settlements When a wrongful death claim resolves, North Carolina law requires the personal representative to clear certain liens before distributing proceeds. Key statutory liens include: Medical Provider Liens. Under N.C. Gen.…
What attorney and paralegal fees and billing process are typical in North Carolina probate cases? Detailed Answer Probate in North Carolina often involves legal work to collect assets, pay debts, file tax returns and distribute property. Attorneys typically bill in two main ways: under the statutory commission set by state law or by hourly rates.…
