What legal options are available for modifying my parent’s healthcare power of attorney or establishing guardianship when their care needs urgently change due to dementia?

Probate Q&A Series

Legal Options for Modifying Healthcare Power of Attorney or Establishing Guardianship in North Carolina Detailed Answer When a parent’s dementia progresses rapidly, families must act quickly to ensure medical decisions remain in responsible hands. North Carolina law provides two main routes: modifying an existing health care power of attorney if your parent still has capacity,…

How do guardianship of the person and guardianship of the estate differ in probate matters?

Probate Q&A Series

How do guardianship of the person and guardianship of the estate differ in probate matters? 1. Detailed Answer In North Carolina probate law, the court may appoint separate guardians to care for an individual’s personal needs and to manage that person’s assets. Understanding the difference helps families protect vulnerable adults and preserve their assets. Guardianship…

How can I legally establish my parentage for probate purposes when faced with conflicting birth certificate records and contested DNA evidence?

Probate Q&A Series

How to Legally Establish Parentage for Probate in North Carolina Detailed Answer When you inherit from an estate in North Carolina, the clerk or judge must know who counts as an heir. Conflicting birth certificates or disputed DNA tests can complicate this. North Carolina law gives you two main paths: present evidence directly to the…

How do I obtain detailed documentation for each wage and hour claim associated with a probate estate?

Probate Q&A Series

How do I obtain detailed documentation for each wage and hour claim associated with a probate estate? 1. Detailed Answer When you administer an estate in North Carolina, you must gather all claims against the estate—including any wage and hour claims brought by former employees or contractors of the decedent. Detailed documentation proves the existence…

How will the new petition process prevent issues with duplicate signatures and double reimbursement claims?

Probate Q&A Series

How will the new petition process prevent issues with duplicate signatures and double reimbursement claims? Detailed Answer North Carolina revamped its probate petition process to guard against duplicate signatures and double reimbursement claims. Petitioners now file through a centralized electronic system. Each submission receives a unique petition ID. The system records the time and date…

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…