What is a Partition Action in North Carolina and How Does It Work? A partition action is the legal process used in North Carolina to formally divide real property among co-owners or heirs when an agreement cannot be reached informally. In a situation where family members inherit land jointly – such as the property in…
What Steps Should I Take When Drafting a Will and Trust in North Carolina? Drafting a will and trust is an essential component of your estate planning process, and it is especially important if this is your first time dealing with these issues. In North Carolina, the process begins with selecting a document that clearly…
Where Must an Estate Be Opened for Probate in North Carolina? In North Carolina, the probate process is generally initiated in the county where the decedent either resided at the time of death or where the death occurred. This requirement is designed to ensure that the local court is best positioned to handle the affairs…
What is the Difference Between a Will and a Trust in North Carolina? In North Carolina, understanding the differences between a will and a trust is essential when planning your estate. A will is a legal document that outlines how your assets will be distributed when you pass away, and it may also name guardians…
FAQ 1: What Is a Partition Action in North Carolina and How Does It Work? Detailed Answer A partition action is a legal proceeding used in North Carolina when co-owners of real property cannot agree on how to divide or sell the property. In essence, it provides a judicial remedy to force the sale or…
FAQ 1: Can Initial Probate Consultations Be Conducted Remotely? When facing the stressful process of administering a loved one’s estate, one common concern is whether an initial consultation must take place in person or if it can be conducted remotely. In North Carolina, many probate attorneys offer flexible consultation methods—including over the phone or via…
Can I Challenge a Will if I Am Not Named as a Beneficiary in Guilford County, North Carolina? In North Carolina, if you believe that you have been wrongly excluded from a will – such as in the case where you are a biological child of a decedent – you may be eligible to challenge…
What is a Year’s Allowance in North Carolina Probate and How Does It Protect a Minor’s Inheritance? A “year’s allowance” is a provision in North Carolina probate law that is designed to protect a minor’s inheritance from estate creditors during the administration process. When an estate is being probated, certain debts and claims by creditors…
What Does It Mean When an Executor Opens Probate in North Carolina? In North Carolina, when an executor or personal representative “opens probate,” it means that the court officially accepts the deceased person’s will and appoints the executor to manage and distribute the estate. This process involves filing the will along with an application for…
What Does the Probate Process Involve in North Carolina? In North Carolina, probate is the legal process by which a decedent’s estate is administered and their final wishes—usually set out in a will—are carried out. There are generally two approaches: a simple probate application that qualifies an executor to administer the estate and a full…
