How do disputed filing fees or liens affect the estate closing process, and what steps can be taken to resolve them? 1. Detailed Answer When someone dies, their estate goes through probate before heirs receive assets. During probate, the personal representative files documents with the clerk of superior court. Each filing carries a court fee…
What is the process for administering a simple probate estate when the decedent did not leave a will? 1. Detailed Answer When someone dies without a will in North Carolina, their estate is “intestate.” The law in Chapter 28A of the North Carolina General Statutes sets out how to handle these cases. If the decedent’s…
Partition by Sale in North Carolina Probate Cases: Detailed Answer In North Carolina, a partition by sale allows co-owners of real estate to force a sale when they cannot divide the land fairly. When a decedent’s estate holds property as a tenant in common, beneficiaries share undivided interests. If one beneficiary refuses to cooperate with…
How do I begin the probate process and get appointed as the administrator when the surviving spouse may have rights to the estate? 1. Detailed Answer When someone dies owning assets in North Carolina, you often need to open a probate estate with the Clerk of Superior Court to manage and distribute those assets. If…
What essential steps should I take to gather and organize the documents and information needed to manage estate assets, liabilities, and business interests effectively during probate? Detailed Answer When someone passes away, the personal representative (executor or administrator) must collect and organize all relevant documents to manage the estate. North Carolina law (Chapter 28A of…
What are the hourly rates and billing arrangements for probate cases in North Carolina? Detailed Answer When you open a probate estate in North Carolina, you pay your attorney for time and effort. Lawyers generally charge by the hour. Rates vary based on the attorney’s experience, the complexity of the estate, and the local market.…
How Can I Manage a Probate Estate Involving a Business and Real Property in North Carolina? 1. Detailed Answer Understanding Your Role as Personal Representative After a loved one passes away, a court appoints a personal representative to settle the estate. North Carolina law outlines your duties in N.C. Gen. Stat. § 28A-10-1. You must…
How Can I Remove an Executor from a Probate Estate in North Carolina? 1. Detailed Answer When you believe an executor fails to fulfill duties in a North Carolina probate estate, you can ask the court to remove that executor. North Carolina law gives beneficiaries, heirs and other interested parties the right to seek removal…
What Is the Typical Timeline for a Partition Case in North Carolina and What Factors Might Influence Its Duration and Overall Costs? Detailed Answer In North Carolina, a partition action lets co-owners divide or sell real property when they cannot agree on its use. The process follows Chapter 46 of the North Carolina General Statutes.…
Detailed Answer When a parent dies, you may worry about preserving their assets and shielding yourself from claims. In North Carolina, the personal representative plays a central role. Under N.C. Gen. Stat. § 28A-11-1, anyone holding the decedent’s property must safeguard it and deposit funds in a federally insured account. To start probate, you file…
