Detailed Answer When you begin the probate process in North Carolina, you often receive an initial fee estimate. This estimate covers the personal representative’s statutory commission, attorney fees, court costs, and other disbursements. However, as your case evolves, the total cost can rise for several reasons: Statutory Commissions May Change: North Carolina law sets the…
Why might the vehicle title appear solely in my sibling’s name even though both of us are allotted a 50/50 share in the probate process? Detailed Answer In North Carolina probate, your 50/50 inheritance share represents your right to an equal portion of the estate’s total value. It does not require that every single asset…
Protecting Your Estate Interests When Tax Filings Misclassify Inherited Property Detailed Answer When you inherit real property in North Carolina, you rely on the personal representative to handle tax filings correctly. If the estate’s tax returns incorrectly treat that property as partnership income and expenses, you may end up bearing unexpected tax liability. North Carolina…
How North Carolina Probate Handles a Deficiency Judgment on a Vehicle with an Outstanding Lien 1. Detailed Answer: Deficiency Judgments and Probate Administration When a decedent owns a vehicle subject to a loan, the lender holds a lien. If the estate’s personal representative repossesses and sells that vehicle and the sale proceeds fail to cover…
What is the process for distributing the sale proceeds and handling attorney fees after the hearing is scheduled? Detailed Answer In North Carolina probate, once the clerk has scheduled and held the hearing to confirm the sale of estate property and to allow commissions and attorney fees, the personal representative follows several steps to distribute…
Detailed Answer In North Carolina, when someone dies owning real estate, and that property passes to multiple heirs, each heir holds an undivided share as tenants in common. Under N.C. Gen. Stat. § 41-10, any co-owner can file a partition action in court to divide the land or force a public sale. To avoid a…
Can a Family Member Legally Remove Estate Property Before Probate Is Finalized, and What Steps Can an Administrator Take to Recover Those Assets? Detailed Answer In North Carolina, probate begins when a personal representative (formerly called an executor) files the will and petition with the Clerk of Superior Court under N.C. Gen. Stat. § 28A-2-1.…
What steps must a surviving spouse take to resolve title issues and sell property when the deed remains solely in the deceased spouse’s name? Detailed Answer When a spouse dies leaving real estate solely in their name, the surviving spouse cannot transfer or sell that property until legal title moves from the decedent’s estate into…
Why does having no beneficiary on my retirement account require opening a North Carolina estate, and what tax implications should I expect? 1. Detailed Answer When an individual passes away without naming a beneficiary on a retirement account—such as an IRA, 401(k), or pension plan—the account custodian cannot transfer the assets directly to a person.…
Will a deposit be refunded if my case is transferred to a court-appointed administrator? 1. Detailed Answer When you pay a deposit in a probate matter, it may serve one of two purposes: Attorney retainer: An advance on fees and out-of-pocket costs. Fiduciary bond deposit: Money or securities posted with the clerk instead of a…
