FAQ #1: Who Qualifies as an Heir Under North Carolina Intestate Succession When the Decedent Has an Adopted Minor Child with Disabilities? When someone dies without a valid will in North Carolina, the estate passes under the state’s intestate succession law. Under N.C. Gen. Stat. § 28A-2-1, an adopted child stands in the shoes of…
How can a beneficiary under guardianship collect life insurance proceeds in North Carolina? When a North Carolina resident dies owning a life insurance policy that names a beneficiary, those proceeds pass outside of probate. Under N.C. Gen. Stat. § 28A-19-2(f), the insurer must pay the designated beneficiary upon proof of death and completion of claim…
FAQ: What initial steps should I take to probate my mother’s will in Brunswick County, North Carolina? When a loved one dies leaving a will, the first step is to submit the original document to the Brunswick County Clerk of Superior Court. Under N.C. Gen. Stat. § 28A-6-1, you file a petition to admit the…
FAQ 1: How Do I Open an Intestate Estate and Become the Administrator in Gaston County, North Carolina? Answer When someone dies without a will in North Carolina, the estate passes by intestate succession under N.C. Gen. Stat. § 28A-6-1. In Gaston County, the clerk of superior court appoints an administrator (formerly “executor”) from among…
FAQ 1: How do I reimburse creditor claims and distribute remaining estate funds into a joint account under North Carolina law? When a North Carolina estate closes, personal representatives must pay valid claims before distributing the balance to heirs. In Wake County (or your local county), you’ll typically use funds from estate bank accounts—like Wells…
FAQ 1: How Can My Father Amend a Revocable Trust After His Spouse’s Death in North Carolina? Your father’s revocable trust likely includes an amendment provision that lets him update terms when circumstances change—like the recent passing of his wife. Under North Carolina law, a settlor (the person who created the trust) may modify or…
FAQ 1: Can a Co-Owner Force the Sale of Inherited Property Under a North Carolina Partition Action? Under North Carolina law, any joint owner of real estate may file a partition action in the superior court where the land lies. See N.C. Gen. Stat. § 47-16. A partition suit asks the court to divide jointly…
How do I transfer a vehicle title to my surviving parent in Brunswick County when the original will is missing? When a decedent’s original will is missing, North Carolina law requires additional steps before you can transfer title to a car or other asset. Under N.C. Gen. Stat. § 28A-6-2, you must petition the clerk…
FAQ 1: What options do heirs have to hire an attorney to protect their interests when an estate administrator may be undervaluing or mishandling assets in Wake County, NC? As an heir in a North Carolina probate estate, you have the right to retain counsel to ensure the administrator fulfills fiduciary duties under N.C. Gen.…
How can I transfer my deceased father’s vehicle title to my surviving mother in North Carolina when he died in Tennessee? When a vehicle is titled in both your father’s and your mother’s names without explicit “right of survivorship” language, North Carolina treats it as tenancy in common. Each owner holds a 50% interest. To…
