How do I file a special proceeding to sell estate real property in North Carolina? Detailed Answer When an estate cannot distribute real property without liquidating assets, the personal representative must file a special proceeding. North Carolina law outlines this process in Chapter 28A, Article 17 of the General Statutes. This procedure lets the clerk…
How do parents inherit equally and serve as personal representative when an adult child dies intestate in North Carolina? Detailed Answer When an adult child dies without a valid will in North Carolina, the state’s intestate succession law determines who inherits the estate. If the decedent has no surviving spouse or children, the estate passes…
How can a surviving spouse protect assets from creditors in an insolvent North Carolina probate estate? Detailed Answer When a loved one dies with more debts than assets, creditors may seek payment from the probate estate. North Carolina law gives a surviving spouse specific allowances and rights that take priority over most creditor claims. By…
What steps must a guardian take to claim and track a minor’s estate distribution check in North Carolina? Detailed Answer When a minor inherits assets through probate, a guardian of the minor’s estate must take specific actions to secure, deposit, and monitor those funds. North Carolina law establishes clear procedures that protect the minor’s interests…
Detailed Answer When a decedent leaves behind corporate debts or a business facing bankruptcy, the personal representative must protect the estate while following North Carolina law. You act under Chapter 28A of the North Carolina General Statutes to collect assets, evaluate claims, and pay valid debts in the proper order. 1. Determine the Decedent’s Business…
How Is an Intestate Heir’s Real Property Interest Handled if They Die Before Probate Concludes in North Carolina? 1. Detailed Answer When a person dies without a will in North Carolina, their property passes to their heirs under the State’s intestate succession laws. Under N.C. Gen. Stat. § 28A-2-2, an heir’s interest in real property…
How can I check if my grandmother’s North Carolina probate estate is open or closed? Understanding the Probate Process in North Carolina When a loved one passes away in North Carolina, their estate normally goes through probate. Probate is the legal process for validating a will, appointing an estate personal representative, paying debts, and distributing…
Does a long-separated spouse without a finalized divorce still inherit under North Carolina intestacy law? Detailed Answer Under North Carolina law, a person remains a legal spouse until the court issues a final divorce decree or annulment. Living apart—even for many years—does not end the marriage in the eyes of the law. As a result,…
Filing a Partition Action When a Co-Owner Holds a Life Estate and Is Under Guardianship Detailed Answer In North Carolina, any tenant in common or joint owner may seek a judicial partition of real property under Chapter 46, Article 17 of the North Carolina General Statutes. A partition action divides real estate among co-owners or…
Must my living will or health care power of attorney be drafted by an attorney licensed in North Carolina? Detailed Answer In North Carolina, you do not need an attorney licensed in a specific county to draft your living will (advance directive) or health care power of attorney. State law treats these documents as valid…
