What are the differences between obtaining power of attorney and pursuing guardianship for an elderly family member experiencing cognitive and physical decline?

Probate Q&A Series

What Are the Differences Between Power of Attorney and Guardianship in North Carolina? In North Carolina, planning for a loved one’s future care typically involves using either a power of attorney (POA) or pursuing guardianship. A POA allows an individual with capacity to designate someone to make health care and financial decisions on their behalf.…

Do I have to use my joint account to cover probate expenses and funeral costs, and what legal limits or reimbursement caps apply?

Probate Q&A Series

Can I Use a Joint Account During the Probate Process? In North Carolina, joint accounts with rights of survivorship can be a convenient tool. However, their use in probate matters comes with important limitations. A joint account is often treated as “part two property” and may be used to pay estate debts, such as credit…

What key questions should I ask to verify an attorney’s experience in handling contested probate cases?

Probate Q&A Series

How Do I Find an Attorney Experienced with Contested Probate Cases in North Carolina? Detailed Answer Finding an attorney who handles contested probate cases is crucial when disputes arise among heirs or creditors. In North Carolina, cases involving contested wills or disagreements over the distribution of assets require legal guidance from an attorney familiar with…

Why does the probate process require waiting for the clerk’s approval of the final account before I can transfer the property title, and how long does this typically take?

Probate Q&A Series

Why is my probate estate still open even after submitting the final account? In North Carolina, even when all paperwork appears to be completed, an estate may still remain open until the court clerk approves the final account. The probate process entails a waiting period to allow for any potential creditor claims—even if none are…

How can I reopen a probate case if I suspect the executor undervalued assets and made fiduciary errors?

Probate Q&A Series

Frequently Asked Questions About Probate Administration in North Carolina Can a Holographic Will from Another State Be Probated in North Carolina? North Carolina courts will consider a holographic will from another state, but several challenges may arise. In our experience handling probate in Craven County and beyond, a holographic will must meet North Carolina’s legal…

How can I ensure I’m speaking with the correct attorney specialized in trust and estate matters through the referral service?

Probate Q&A Series

How Can a Probate Attorney Help with Trust Administration in North Carolina? A probate attorney in North Carolina can offer invaluable assistance with trust administration. When a trust is created, reviewing its provisions and ensuring they comply with North Carolina law is essential. The attorney helps interpret trust language, advises on asset management, and guides…

Do I need to include additional proofs—like a notarized copy of the will or death certificates—when filing my probate application?

Probate Q&A Series

Do I Need to Attach Supporting Documents When Filing a Probate Application? When filing a probate application in North Carolina, you generally need to submit the required forms and a notarized copy of the will, if available. In many cases, you do not have to include additional supporting documents such as death certificates unless the…

What should I do if the probate process for my deceased spouse’s estate in another state is delayed by administrative mismanagement and conflicts of interest?

Probate Q&A Series

Can Probate Proceedings Be Moved from One State to Another? Probate proceedings generally must be handled in the state where the decedent was a resident at the time of their death. In the situation described, the probate estate opened in Virginia must continue in Virginia, regardless of whether subsequent property (for example, real estate in…

How can I schedule an in-person probate consultation and complete the application process if the designated personal representative has work constraints and cannot be present?

Probate Q&A Series

Can I Arrange a Payment Plan for Probate Administration Services? Many families in North Carolina ask if they can set up a payment plan for handling probate matters. In probate cases, children who help manage their deceased parents’ estate sometimes face financial challenges up front. A payment plan allows them to spread out the cost…