How does funding a revocable living trust before death affect probate in North Carolina? Detailed Answer A revocable living trust lets you hold assets under a trustee’s name during your lifetime. You control those assets and can change or revoke the trust at any time. Funding the trust means retitling property—real estate, bank accounts, investment…
Understanding Adult Guardianship in North Carolina When a parent develops dementia and can no longer manage personal care or financial affairs, you may need to seek adult guardianship under North Carolina law (Chapter 35A, Article 11). Guardianship gives a responsible person legal authority to make decisions on behalf of an incapacitated adult. This article explains…
How does a receipt and refunding agreement accelerate interim estate distributions without court petitions in North Carolina? 1. Detailed Answer In North Carolina probate, a personal representative normally must wait to resolve creditor claims and meet statutory waiting periods before distributing estate assets. Under N.C. Gen. Stat. § 28A-15-10, a personal representative may make interim…
Why does North Carolina list real estate in Part Two of the probate inventory, and how can it cover debts? Detailed Answer When someone dies in North Carolina, the personal representative (also called executor or administrator) must file a detailed listing of the estate’s assets with the clerk of superior court. Under G.S. 28A-14-2, this…
What options do co-heirs in North Carolina have to resolve a property dispute when a co-owner demands buy-out or division? Detailed Answer When multiple heirs inherit real estate in North Carolina, they often become tenants in common. Each heir owns an undivided share of the whole property. If one co-owner demands a buy-out or physical…
How to Finalize a Partition and Update Deeds After a Land Recombination Survey in North Carolina 1. Detailed Answer When multiple owners share land, a partition action divides or sells the property so each owner gets a clear interest. After a licensed surveyor completes a land recombination survey, you must record the court’s partition decree,…
How to Claim a State of North Carolina Decedent’s Uncollected Retirement Account When They Died Intestate 1. Detailed Answer When someone in North Carolina dies without a will (intestate), any retirement accounts they left behind and did not collect become part of their estate if they lack a valid beneficiary designation. To claim those funds,…
Detailed Answer When a court in North Carolina appoints a personal representative who lives outside the state, the representative must designate a resident process agent. This agent receives legal papers, such as subpoenas and motions, on the personal representative’s behalf. North Carolina courts do not allow out-of-state personal representatives to rely solely on mail or…
How can I find and claim uncollected life insurance benefits for a deceased parent in North Carolina? Detailed Answer Losing a parent is hard enough without worrying that life insurance proceeds might go unclaimed. In North Carolina, life insurance benefits that remain uncollected for five years after the policy matures or after the insured’s death…
What are my options to object to an improper personal representative appointment in a North Carolina probate case? Detailed Answer When someone applies to serve as a personal representative for an estate in North Carolina, the clerk of superior court evaluates their qualifications under N.C. Gen. Stat. §28A-6-2. You may believe the proposed representative lacks…
