How to Obtain Letters of Administration in North Carolina to Stop Foreclosure on Inherited Property Detailed Answer When a loved one dies without leaving a will or fails to name a personal representative, North Carolina law requires the court to appoint an administrator. Letters of Administration grant that administrator the authority to manage and protect…
Detailed Answer When a loved one loses the capacity to make personal, financial or health decisions, you may consider either a guardianship or a durable power of attorney. In North Carolina, these two tools serve different purposes, follow separate procedures and carry unique advantages and drawbacks. Guardianship in North Carolina Guardianship is a court-supervised appointment…
How do I update my mother’s will, trust, and powers of attorney in North Carolina? 1. Detailed Answer When you need to update your mother’s estate planning documents – her will, living trust, and powers of attorney – in North Carolina, you must follow formal steps to ensure each change stays valid and enforceable. Below…
Should I open Florida probate or North Carolina probate for my nonresident father’s assets? Detailed Answer If your father owned assets in more than one state, you will likely need to open probate in each state where he held property. The main administration happens where your father was legally domiciled at death. All other states…
Why Must a Guardian Obtain a Court Order Before Selling a Ward’s Real Property Under North Carolina Law? Detailed Answer Under North Carolina guardianship law, a guardian may manage a ward’s assets under N.C. Gen. Stat. § 35A-1201 (link), but cannot sell real property without the court’s prior approval. North Carolina General Statutes Chapter 35A,…
When is a local North Carolina probate attorney required based on the decedent’s residency or property ownership? 1. Detailed Answer In North Carolina, you must involve a probate attorney when you start an estate administration under two main scenarios: the decedent was a North Carolina resident, or the decedent owned real property in the State.…
How do you transfer an LLC membership interest from an estate to an heir under North Carolina probate law? Detailed Answer When an LLC member dies, the decedent’s membership interest becomes part of the probate estate. The personal representative must collect, manage, and ultimately distribute that interest to the heir or beneficiary under the will…
How are attorney fees and carrying costs recovered and allocated in North Carolina probate hearings? 1. Detailed Answer When an individual in North Carolina passes away, the personal representative (sometimes called the executor) must pay the estate’s debts and expenses before distributing property to heirs or beneficiaries. Two key types of administration expenses are attorney…
Do I Have to Pay North Carolina Probate Attorney Fees Upfront and Can I Seek Reimbursement From the Estate? Detailed Answer When you open a probate estate in North Carolina, you and your attorney will discuss how fees will be handled. Many probate attorneys ask for a retainer before they begin work. A retainer serves…
What documents and information should I gather before contacting a State of North Carolina probate attorney and notifying my bank? Detailed Answer Starting probate or notifying your bank after a loved one’s death can feel overwhelming. Gathering the right paperwork and details in advance will streamline the process. In North Carolina, the clerk of superior…
