Category Archives: Probate Q&A Series

How do I contact the Clerk of Court in North Carolina to update or discuss issues with an order issued for partition and equitable adjustments when new title search problems arise?

How to Contact the Clerk of Court in North Carolina for Partition Orders and Title Search Issues 1. Detailed Answer Understanding Your Local Clerk of Court In North Carolina, the Clerk of Superior Court serves as the custodian of case records, docket entries, and court orders. If you need to update or discuss an existing…

How can I challenge a will that leaves biological children out in favor of stepchildren?

How Can I Challenge a Will That Leaves Biological Children Out in Favor of Stepchildren? 1. Detailed Answer If a close relative disinherits you in favor of stepchildren, North Carolina law offers several ways to contest the will. You may rely on the pretermitted child statute, allege undue influence or lack of capacity, or point…

How does a tenants by entirety deed protect a surviving spouse’s property rights when guardianship proceedings are involved?

How Does a Tenancy by the Entirety Deed Protect a Surviving Spouse’s Property Rights During Guardianship? 1. Detailed Answer A tenancy by the entirety deed creates a single, undivided estate in real property held by married spouses. Under North Carolina law, this form of ownership carries a right of survivorship: when one spouse dies, the…

How do I proceed with amending a probate petition to add an interested party after an order has been issued?

How to Amend a Probate Petition to Add an Interested Party After an Order Has Been Issued in North Carolina Detailed Answer When you need to add an interested party to a probate petition after the court has already issued an order, North Carolina law allows you to amend your pleadings with the court’s permission.…

What Should I Do if Probate Hasn’t Been Opened Within the Required Filing Period After a Loved One’s Death?

What Should I Do if Probate Hasn’t Been Opened Within the Required Filing Period After a Loved One’s Death? Detailed Answer When someone passes away in the State of North Carolina, opening probate is the first step to settle their estate. Probate allows the court to appoint a personal representative, confirm the validity of a…

How can I get help properly filling out and filing my mother’s annual estate account to avoid repeated rejections?

How can I get help properly filling out and filing my mother’s annual estate account to avoid repeated rejections? Detailed Answer When you administer an estate in North Carolina, the clerk of superior court requires a personal representative to file an annual accounting if the estate administration extends beyond one year. North Carolina General Statutes…

What steps must be completed before estate funds from a property sale can be released in North Carolina?

What steps must be completed before estate funds from a property sale can be released in North Carolina? Detailed Answer When someone passes away owning real estate, the personal representative (also called an executor or administrator) must follow a clear series of steps under North Carolina law before releasing any net proceeds from a property…

Can I face legal consequences for removing my belongings from a home when the will grants partial ownership to other family members?

Can I face legal consequences for removing my belongings from a home when the will grants partial ownership to other family members? 1. Detailed Answer When someone dies in North Carolina and leaves a will, the estate—including the family home—enters probate. The will names beneficiaries who inherit specific assets. If it grants partial ownership of…

Can a probate lawyer draft and complete a will and power of attorney on short notice in an emergency hospital setting?

Can a Probate Lawyer Draft a Will and Power of Attorney on Short Notice in an Emergency Hospital Setting? 1. Detailed Answer Yes. In North Carolina, an attorney with probate administration experience can prepare and execute both a last will and testament and a power of attorney on short notice in a hospital. The key…

How can your legal team protect my interests and ensure I receive a fair share of the estate while preventing potential mismanagement by the administrator?

How We Protect Your Interests and Ensure a Fair Share in Estate Administration Detailed Answer Facing probate in North Carolina often raises concerns about fair distribution and proper handling of assets. As soon as we engage your case, we verify that the personal representative (formerly called an executor) validly qualified under North Carolina law. We…