FAQ #1: How do I open an intestate estate in Moore County, NC, when the decedent died without a will and is survived by a spouse and a disabled only child? When someone dies without a will in North Carolina, their estate passes according to the State’s intestacy law. In your case, Robert Watson Stone…
1. What Does It Mean When My Probate Attorney Concludes Representation? In North Carolina, an attorney may decide to withdraw from your probate matter when the costs of legal services exceed the available estate assets or when continued representation no longer serves your best interests. Under Rule 1.16 of the North Carolina Rules of Professional…
FAQ 1: Do I Need to Open a North Carolina Probate Estate for My Nonresident Father’s Real Property in Greensboro? If your father was not a North Carolina resident when he died and he did not hold title to any real property in his own name in Guilford County, you generally do not need to…
How Do I Open an Intestate Estate in North Carolina for a Wrongful Death Claim? When a non-resident decedent passes without a will and leaves North Carolina assets—like a car or bank account—you must open an ancillary probate estate. In Wake County (as an example), you’ll petition the Clerk of Superior Court for Letters of…
1. How Do I Update My Mother’s Will, Trust, and Powers of Attorney in Wake County, NC? When your parent moves in with you and faces new health or financial challenges, you should review and update her estate-planning documents. In North Carolina, you must follow specific rules to amend or replace a will, modify a…
What Is the Judicial Sales Act Process for Selling Estate Real Property in North Carolina? When a personal representative cannot sell estate real property by private agreement, North Carolina’s Judicial Sales Act provides a court-supervised method to market and sell the property. Below is a step-by-step overview consistent with Wake County practice (check with your…
What’s the difference between a guardianship and a power of attorney in North Carolina, and when should I consider each for an heir with diminished capacity? In North Carolina, both guardianship and power of attorney (POA) let a trusted person help manage someone’s affairs. But they work very differently under state law. A guardianship permanently…
FAQ 1: How Do I Obtain Letters of Administration in Robinson County, NC to Stop Foreclosure on Inherited Property? If you inherit real estate in Robinson County and the mortgage lender won’t speak with you because you’re not the personal representative, you need to get “Letters of Administration.” These court-issued letters confirm your authority to…
1. How do I open and complete an intestate estate in Wake County when the decedent died without a will? When someone dies without a valid will in North Carolina, we call that an intestate estate. If you live in Wake County (or another North Carolina county), you must petition the clerk of superior court…
Q1: Does repaying erroneous distributions to an estate count as income for North Carolina estate tax purposes? When a personal representative mistakenly uses estate funds for non-estate purposes and later reimburses the account, you may wonder if that refund triggers a state income tax filing. Under North Carolina law, an estate only recognizes gross income…
