Frequently Asked Questions: Resolving Co-Owner Property Disputes in North Carolina 1. What legal options exist when co-owners disagree on selling property? When two or more people own land together in North Carolina, disagreements can arise if one co-owner wants to sell and another wants to keep the property. You typically have three paths to resolve…
Can an Out-of-State Attorney Act as Executor in North Carolina Probate? North Carolina allows a nonresident to serve as an estate’s executor. However, an out-of-state attorney cannot file probate pleadings or appear in court here unless they comply with local practice rules. Moore County (where Pinehurst sits) and other county clerks uniformly require one of…
How do I navigate NC probate and transfer my parents’ assets after their deaths? 1. Qualifying as Estate Administrator and Accessing Joint Bank Accounts If your father held assets jointly with your mother and she predeceased him, North Carolina law treats those accounts differently depending on the right of survivorship. Under NCGS § 31A-3, funds…
How Do I Open an Estate with Medicaid Liens and Guardianship Issues, and Handle the Family Home? 1. Opening an Estate When Your Mother Was a Medicaid Recipient with a Closed Guardianship When someone dies without a will in North Carolina, you must file an intestate estate action with the Clerk of Superior Court in…
FAQ 1: How do I transfer a trust-owned vehicle titled in another state to North Carolina? If a decedent’s vehicle remains titled in their name and isn’t expressly in the trust, the North Carolina Division of Motor Vehicles (NCDMV) typically won’t accept only a trust document. North Carolina law generally requires either a court-issued document…
FAQ 1: What are my initial duties after being appointed estate administrator in Mecklenburg County? When the clerk of court qualifies you as administrator of your father’s estate in Mecklenburg County, you gain authority to handle estate matters. Follow these key steps to comply with North Carolina law and protect the estate: Review your post-qualification…
How do I verify my property interest and access probate files when property is out of state? 1. How do I access a North Carolina probate file to determine if a will or estate record exists? If someone dies owning property or investments in North Carolina, the first step is to find out whether they…
How can I pay attorney fees through the estate and handle a missing original will in NC probate? Can I pay attorney fees from my mother’s estate? Under North Carolina law, a personal representative may petition the court to pay reasonable expenses of administration, including attorney fees, from estate assets. See N.C. Gen. Stat. §…
FAQ 1: What is solemn form probate and why is it required when a will uses improper executor language? In North Carolina, a will must meet certain formalities to qualify someone as executor. If the document uses terms like “attorney-in-fact” instead of “executor” or “personal representative,” the clerk of superior court may question its validity.…
Frequently Asked Questions: Closing a Small Estate and Distributing Funds in Granville County, NC 1. What is a Small Estate Affidavit and how do I use it in Granville County, NC? In North Carolina, you may use a small estate affidavit when the total value of a decedent’s personal property does not exceed $20,000.00. Under…
