How should I address unauthorized revisions and unclear communication from opposing counsel during the drafting of a consent order in a probate case?

Probate Q&A Series

How should I address unauthorized revisions and unclear communication from opposing counsel during the drafting of a consent order in a probate case? Detailed Answer When you draft a consent order in a probate matter, accuracy and clarity are critical. Unauthorized revisions by opposing counsel or vague emails can expose your client to unwanted terms…

What probate process should I follow to transfer North Carolina real property when I’m not a resident and only limited assets—like a long-held deed and will—are involved?

Probate Q&A Series

What probate process should I follow to transfer North Carolina real property when I’m not a resident and only limited assets—like a long-held deed and will—are involved? Detailed Answer When someone dies owning real estate in North Carolina but lives out of state, North Carolina law requires an ancillary probate proceeding for that property. Ancillary…

Can a verbal understanding regarding personal property be upheld in probate in North Carolina when the decedent did not leave a formal will?

Probate Q&A Series

Can a Verbal Understanding Regarding Personal Property Be Upheld in Probate in North Carolina When the Decedent Did Not Leave a Formal Will? 1. Detailed Answer In North Carolina, probate courts distribute a decedent’s assets according to a valid will or, if no will exists, under the state’s intestate succession laws. North Carolina law requires…

Elective Shares, Spousal Allowances, Dividing Marital Property, and Reopening Estates After Discovering Late Wills to Protect Spousal Rights and Assets in North Carolina

Probate Q&A Series

Elective Shares, Spousal Allowances, Dividing Marital Property, and Reopening Estates After Discovering Late Wills to Protect Spousal Rights and Assets in North Carolina One can protect a surviving spouse’s rights and assets in probate by using elective shares, spousal allowances, correct property division, and reopening estates when discovering a later will. Understanding these options early…

When Should Probate Administration Be Filed in North Carolina Versus Where Real Property Is Located?

Probate Q&A Series

Detailed Answer In North Carolina, you must file probate administration in the proper county to grant a personal representative authority over the decedent’s estate. North Carolina law provides clear rules on where to open an estate, whether the decedent left a will (testate estate) or did not leave a will (intestate estate). Testate Estates (Probate…

When is it necessary to open an ancillary probate estate in another state for handling property transfers?

Probate Q&A Series

When Is It Necessary to Open an Ancillary Probate Estate in Another State for Handling Property Transfers? 1. Detailed Answer Probate administration generally occurs in the state where the decedent lived at the time of death. However, when a decedent owns real property located outside that state, a separate or ancillary probate estate often becomes…

What legal options do I have to protect a relative with mental challenges in North Carolina from potential exploitation in property and contract matters?

Probate Q&A Series

What Legal Options Protect a Relative with Mental Challenges in North Carolina? 1. Detailed Answer When a family member faces diminished capacity due to mental challenges, North Carolina law offers tools to safeguard their property and contract rights. You can choose from less restrictive options like a durable power of attorney or revocable trust. If…

How are wrongful death claims handled during North Carolina probate, and what expenses can typically be included in a settlement offer?

Probate Q&A Series

How Are Wrongful Death Claims Handled During North Carolina Probate, and What Expenses Can Typically Be Included in a Settlement Offer? 1. Detailed Answer When a person dies because of another’s negligence or wrongdoing in North Carolina, the estate can pursue two separate legal remedies: a survival action for injuries the decedent suffered before death,…

How can a wrongful death claim impact the probate process when co-owned property is involved?

Probate Q&A Series

Understanding Wrongful Death Claims in North Carolina A wrongful death claim arises when someone’s negligent or intentional act leads to another person’s death. Under North Carolina law, only the personal representative of the deceased’s estate may bring a wrongful death action on behalf of surviving family members. See N.C. Gen. Stat. § 28A-18-2. Types of…