Why can’t the probate attorney representing the estate also represent me as an individual beneficiary? 1. Detailed Answer When a lawyer accepts an engagement to handle a decedent’s estate in North Carolina, that lawyer owes loyalty and confidentiality to the estate as a whole. The estate speaks through its personal representative. The attorney-client relationship exists…
Can I e-file exemplified copies for estate administration, or are hard copies required for certain documents? Detailed Answer North Carolina’s trial courts allow most probate filings through an approved electronic filing service under N.C. Gen. Stat. § 7A-109. You can e-file petitions for administration, inventories, accountings, motions and other routine papers via the statewide e-filing…
How Can I Obtain a Copy of an Estate File in North Carolina? Detailed Answer If you need a copy of an estate file in North Carolina, you will work with the Clerk of Superior Court in the county where the probate case opened. Probate files generally become public records once the personal representative (formerly…
What Is Involved in the Drafting and Revision Process of a Probate Settlement Agreement in North Carolina? Understanding Probate Settlement Agreements in North Carolina A probate settlement agreement resolves disputes and claims involving a decedent’s estate. Parties draft this contract to define inheritance rights, creditor claims, and administration steps. North Carolina law allows heirs, beneficiaries,…
Detailed Answer When someone passes away, the probate process begins only after a personal representative (often called an executor) files a petition with the clerk of superior court. Under North Carolina law, the clerk issues “letters” granting authority to administer the estate (see N.C.G.S. §28A-8-1). You receive probate paperwork only if you qualify as an…
Do I Have to Involve My Brother in My Probate Process in North Carolina? Detailed Answer When someone dies in North Carolina, the probate process settles debts and distributes assets under Chapter 28A of the North Carolina General Statutes. You only involve family members, including your brother, when state law or the terms of a…
Can a Power of Attorney Draft or Execute a Will for a Loved One with Diminished Capacity? Detailed Answer Many families wonder whether an appointed agent under a power of attorney can step in and draft or sign a loved one’s will when capacity becomes a concern. North Carolina law draws a clear line: an…
How Can I Cancel a Scheduled Probate Hearing After Filing an Implied Renunciation in North Carolina? Detailed Answer When you file a petition to open probate or to qualify as personal representative in North Carolina, the clerk of superior court usually schedules a hearing. If you decide not to serve—whether by formally filing a written…
Can I let a property with a non-warranted deed go into foreclosure without facing any personal liability in North Carolina? 1. Detailed Answer In North Carolina, transferring a property by a non-warranted deed (often called a quitclaim deed) conveys whatever interest you hold without promising the title is free of liens or mortgages. However, signing…
What type of lawyer should I consult for issues involving contested power of attorney and guardianship disputes? Understanding Your Needs in North Carolina Probate Matters When someone challenges a power of attorney or questions a loved one’s capacity to manage personal or financial affairs, you enter the realm of contested probate issues. In North Carolina,…
