What Is Required to Account for Estate Transactions in North Carolina Probate? Detailed Answer When you serve as a personal representative in a North Carolina probate estate, you must prepare and file an accounting that documents every financial transaction made on behalf of the estate. North Carolina law requires this to ensure transparency, protect heirs…
What Are My Potential Liabilities as an Estate Administrator When Tax Returns Are Incomplete? 1. Detailed Answer As an estate administrator in North Carolina, you serve as a fiduciary for the decedent’s estate. That role comes with a duty to collect assets, pay valid claims, and distribute the remaining property to heirs. Filing complete and…
What Is a Partition Action in North Carolina and How Does It Work? 1. Detailed Answer When two or more people own the same piece of real estate, they share what courts call an undivided interest. A partition action lets co-owners ask a judge to divide or sell the property when they cannot agree on…
How Is My Portion of the Attorney Fees Determined When the Scope of Representation Shifts from Probate Administration to Handling a Partition Action in North Carolina? 1. Detailed Answer When you first hire an attorney for estate administration in North Carolina, the fees for that work—gathering assets, paying debts, filing the will, and distributing property—usually…
How Does North Carolina Law Address Inheritance Rights for Children Born Out of Wedlock? 1. Detailed Answer In North Carolina, a child born out of wedlock has clear inheritance rights under state law. The key distinction hinges on the parent whose estate the child seeks to inherit from. Inheritance from the Mother Under G.S. 29-14(a)…
Do I Need a Probate Attorney or a Litigation Lawyer for Estate Disputes Involving Misappropriated Funds? Detailed Answer When someone suspects that funds have gone missing or have been misused in settling an estate in North Carolina, the first step involves understanding the distinct roles of probate attorneys and litigation lawyers. A probate attorney guides…
Understanding Will Revisions After Death in North Carolina North Carolina treats a will as final once the testator dies. You cannot add codicils, rewrite provisions or change any terms after death. The will admitted to probate represents the testator’s last wishes. Courts do not allow beneficiaries or personal representatives to alter a will post-mortem. Why…
Can I Proceed with Necessary Repairs or Improvements on Estate Property Before Court Approval in North Carolina? Detailed Answer When someone passes away, a personal representative (often called an executor) takes over the decedent’s estate. In North Carolina, the personal representative must qualify in probate court before taking significant actions. Qualification means the court issues…
How Do I Locate and Obtain a Copy of My Grandmother’s Will in North Carolina? Detailed Answer Under North Carolina law, the original will must be filed with the clerk of superior court in the county where the decedent resided within 30 days after death. See N.C. Gen. Stat. § 28A-10-2. Once the clerk admits…
Do I Need to Go Through Probate to Transfer a Property Deed with Rights of Survivorship After a Spouse’s Death? Understanding Joint Ownership and Survivorship Rights in North Carolina In North Carolina, married couples often hold real estate as tenants by the entirety or as joint tenants with right of survivorship. Both forms of ownership…
