How Do I Determine if a Decedent’s Will Has Been Filed or Probated? Determining whether a will has been activated and an estate has been opened is a key first step in probate administration. In many cases, if a decedent resided in a particular county—such as New York in our example—the probate process will be…
Can I Secure Liability Insurance as a Power of Attorney in North Carolina? Acting as a power of attorney (POA) in North Carolina may expose you to personal liability if challenges arise regarding your fiduciary actions. Although there is no mandatory requirement under North Carolina law (see NC General Statutes for further legal reference), some…
What Is an Elective Share in North Carolina Probate Cases? In North Carolina, the surviving spouse is entitled to claim an elective share when a will does not fully provide for them. If you were married for less than five years—as illustrated in many cases from counties like Pasquotank—you generally have a claim to 15%…
Can My Mother Add Someone Else’s Name to Our Jointly Owned Property Deed in Iredell County? In North Carolina, if you and your mother hold title as joint tenants with right of survivorship, each of you has an equal ownership interest in the property. This means that your mother maintains the legal capacity to change…
What Are My Options If the Estate Administrator Appears to Be Acting in Their Own Interest? When the estate administrator’s actions seem driven by personal interests rather than the best interests of all heirs, several legal remedies may be available in North Carolina. In cases where an administrator, who is not an heir, appears unduly…
How Can I Protect My Interests as an Heir When There Are Family Disputes Over Estate Administration? When a family member is involved as an administrator or is closely related to one, conflicts of interest may arise. In North Carolina, heirs have rights to a complete accounting of estate assets. It is important to work…
How Can I Secure Urgent Estate Planning Documents for a Terminal Patient in a Hospital Setting? When a loved one faces a terminal diagnosis and requires immediate estate planning, time-sensitive action is paramount. In North Carolina, creating documents such as a will and a healthcare power of attorney under urgent circumstances can be challenging. Courts…
Am I in Trouble for Removing Personal Belongings from a Family Home During Probate? When facing probate in Elizabeth City, North Carolina, questions often arise about whether a surviving spouse can remove personal belongings from a home even if her name is not on the deed. In probate, a decedent’s property is controlled by the…
How Can I Access Probate Files and Obtain Information About My Inheritance? In North Carolina, if you believe you are named in a will or otherwise have an inheritance interest, you can access the probate file at the county courthouse. In our discussion, the county mentioned was Goldsboro – located in Wayne County. However, always…
Why Are Funds from a Property Sale Held During Probate? In North Carolina, funds derived from the sale of real property are often held during probate until all estate administration matters are resolved. During a probate proceeding, the clerk of court retains control of these funds to ensure that all outstanding debts, taxes, and administrative…
