Category Archives: Probate Q&A Series

What next steps should I expect after a probate settlement in North Carolina, including document confirmations by the adjuster, preparation of the settlement statement, and required notifications to creditors?

What next steps should I expect after a probate settlement in North Carolina, including document confirmations by the adjuster, preparation of the settlement statement, and required notifications to creditors? 1. Detailed Answer Once you reach a settlement in probate, you enter a sequence of administrative steps to close the estate. In North Carolina, the personal…

How does handling a wrongful death claim affect the distribution of settlement funds, attorney fee arrangements, and the probate process in North Carolina?

How Wrongful Death Settlements Impact Estate Distribution, Attorney Fees, and Probate in North Carolina Detailed Answer When someone brings a wrongful death claim in North Carolina, the resulting settlement or jury award becomes part of the decedent’s estate. Under North Carolina law, the personal representative appointed by the clerk of superior court must pursue the…

How do wrongful death claims affect North Carolina probate proceedings, specifically regarding the separation of attorney fees and remaining estate distributions, and how are disputes resolved when contractual terms conflict with intestate laws?

How Wrongful Death Claims Interact with North Carolina Probate When someone passes away due to another party’s negligence or misconduct, their personal representative (also called a fiduciary) may file a wrongful death action under North Carolina law. These proceeds remain separate from the decedent’s probate estate. Understanding this separation, along with how attorney fees are…

How do wrongful death claims, alongside pre-existing engagement agreements, impact the distribution of an estate under North Carolina law?

Detailed Answer When a loved one dies as the result of another party’s negligence, North Carolina law recognizes two distinct causes of action: the survival action and the wrongful death action. Each affects estate distribution differently, and existing engagement agreements with professionals can further alter net assets available to heirs. 1. Survival Action Proceeds Join…

How Does a Wrongful Death Claim Affect North Carolina’s Probate Process and Estate Distributions?

How Does a Wrongful Death Claim Affect North Carolina’s Probate Process and Estate Distributions? Detailed Answer When someone dies because of another party’s wrongdoing, North Carolina law allows a separate wrongful death action under N.C. Gen. Stat. § 28A-18-2. That claim does not start inside the probate court. Instead, the personal representative or a family…

How should probate administrators in North Carolina handle disputes among heirs over early distributions and real property expenses during estate administration?

How should probate administrators in North Carolina handle disputes among heirs over early distributions and real property expenses during estate administration? Detailed Answer Probate administrators in North Carolina must follow strict rules when heirs disagree about early distributions and costs related to estate real property. You serve as a fiduciary to all beneficiaries. You must…

How should I handle disputes when heirs challenge early distribution receipts for real property expenses during North Carolina probate administration?

Answer to Heirs Challenging Early Distribution Receipts in North Carolina Probates When you serve as a personal representative in a North Carolina probate, you sometimes pay real property expenses—like taxes, insurance or repairs—before final distribution. If an heir disputes those early distributions, follow these steps to resolve the issue under North Carolina law. 1. Review…

How can a North Carolina personal representative resolve disputes over early real property expense receipts during probate while ensuring proper documentation and fair distribution among heirs?

Resolving Early Real Property Expense Disputes During Probate in North Carolina Detailed Answer When someone in North Carolina serves as a personal representative, they must manage estate expenses carefully. Early real property expenses often include appraisal fees, repairs, insurance, taxes and maintenance. Heirs may question whether those costs were necessary or properly documented. To resolve…

How does North Carolina probate administration manage early distributions and real property expense receipts, and what steps must be taken—with proper documentation and receipt acknowledgments—to resolve disputes and ensure accurate accounting of estate expenses?

How does North Carolina probate administration manage early distributions and real property expense receipts, and what steps must be taken—with proper documentation and receipt acknowledgments—to resolve disputes and ensure accurate accounting of estate expenses? Detailed Answer In North Carolina probate, a personal representative may seek approval to make early distributions of estate assets before final…

How Can MCA Loans Avoid Repayment Obligations in Bankruptcy or Probate Cases Under North Carolina Law, and What Contract Terms or Legal Factors Might Render These Debts Unenforceable?

How Can MCA Loans Avoid Repayment Obligations in Bankruptcy or Probate Cases Under North Carolina Law? 1. Detailed Answer Merchant cash advances (MCAs) often look like loans, but lenders structure them as purchases of future receivables. Under North Carolina law, a true purchase of receivables does not create a debt obligation. In contrast, if a…