How Is Distribution to an Incarcerated Heir Handled in Probate? In North Carolina probate cases, distributing funds to an incarcerated heir requires careful planning. When an heir is imprisoned, the probate process does not automatically allow that individual to sign for receipt of funds. Instead, the process typically calls for an adult who can act…
How Does Intestate Succession Work in North Carolina for a Decedent Without a Will? In North Carolina, when a person dies without a valid will, their estate is distributed according to intestate succession laws. As discussed in our consultation, if the decedent is survived by a spouse and children, the property is typically divided into…
How Much Does It Cost to Draft a Simple Will in North Carolina? A simple will for an individual in North Carolina generally costs around $600. If you and your spouse each require a draft, the total cost typically is about $1,000. These fees reflect the time an attorney takes to review your information, ensure…
What Should I Do to Ensure I Provide Complete and Accurate Documentation During the Probate Process? During probate, ensuring that all documentation is both complete and accurate is crucial for a smooth administration. North Carolina law requires that estate administrators collect, review, and present proper records to the court. Much like working with a CPA,…
North Carolina Probate Lawyer: Comprehensive Guide to Elective Shares and Estate Administration Navigating estate matters can feel overwhelming, especially for individuals who are unfamiliar with the legal processes of asset distribution and dispute resolution. Engaging the right North Carolina Probate Lawyer can make a significant difference in how smoothly these matters unfold. This blog post…
How Is Inherited Real Property Transferred to a Minor Under North Carolina Law? Under North Carolina law, property that is passed on to a minor must be handled with care. When a will leaves real property to a minor without expressly creating a trust, the law typically requires that the property be placed under the…
Do I Need to Open an Estate in North Carolina if the Decedent Left No Will? When a loved one dies without a will, North Carolina law generally requires opening an estate to administer the decedent’s affairs. Even if most assets pass outside probate, such as jointly held property, opening an estate ensures that creditor…
What Is Custodianship Under the Uniform Transfers to Minors Act and How Does It Differ from a Trust? A custodial arrangement under the Uniform Transfers to Minors Act allows property to be held for a minor’s benefit until they reach a specified age. In North Carolina, this method is especially useful when the decedent’s will…
Should the Estate be Added as a Party in a Partition Proceeding? In North Carolina, partition proceedings help resolve disputes among co-owners regarding the sale of property. When property sale occurs less than two years after the decedent’s death, legal requirements may necessitate adding the estate as a party. This step protects creditor claims, ensures…
How Can I Recover an Inherited Vehicle That a Family Member Is Withholding? When you serve as the administrator of an intestate estate in North Carolina and a family member is withholding an asset—such as an inherited vehicle—the proper remedy is to seek judicial assistance. In this situation, you must file a petition or motion…
