Do I Need a Probate Attorney or a Litigation Lawyer for Estate Disputes Involving Misappropriated Funds? Detailed Answer When someone suspects that funds have gone missing or have been misused in settling an estate in North Carolina, the first step involves understanding the distinct roles of probate attorneys and litigation lawyers. A probate attorney guides…
Understanding Will Revisions After Death in North Carolina North Carolina treats a will as final once the testator dies. You cannot add codicils, rewrite provisions or change any terms after death. The will admitted to probate represents the testator’s last wishes. Courts do not allow beneficiaries or personal representatives to alter a will post-mortem. Why…
Can I Proceed with Necessary Repairs or Improvements on Estate Property Before Court Approval in North Carolina? Detailed Answer When someone passes away, a personal representative (often called an executor) takes over the decedent’s estate. In North Carolina, the personal representative must qualify in probate court before taking significant actions. Qualification means the court issues…
How Do I Locate and Obtain a Copy of My Grandmother’s Will in North Carolina? Detailed Answer Under North Carolina law, the original will must be filed with the clerk of superior court in the county where the decedent resided within 30 days after death. See N.C. Gen. Stat. § 28A-10-2. Once the clerk admits…
Do I Need to Go Through Probate to Transfer a Property Deed with Rights of Survivorship After a Spouse’s Death? Understanding Joint Ownership and Survivorship Rights in North Carolina In North Carolina, married couples often hold real estate as tenants by the entirety or as joint tenants with right of survivorship. Both forms of ownership…
Can a Power of Attorney Draft a Will for a Loved One with Dementia in the State of North Carolina? Detailed Answer In North Carolina, creating or changing a will is a personal act that requires the testator’s own signature and mental capacity. A power of attorney (POA) grants an agent authority to make financial,…
How Is an Intestate Estate Distributed in North Carolina? Detailed Answer When a person dies without a valid will in North Carolina, the state’s intestacy laws govern how the estate assets pass to heirs. These rules appear in Chapter 29, Article 2 of the North Carolina General Statutes. You can review the full text at…
Detailed Answer Receiving probate paperwork from a court in another state can feel overwhelming. However, if you own property or act as an executor in North Carolina, you must follow specific steps to protect assets and meet deadlines. North Carolina law allows courts to recognize out-of-state probate documents through a process called ancillary administration. 1.…
Detailed Answer In North Carolina probate, resolving discrepancies in vehicle gifts often starts when a decedent’s will or intestate estate plan designates a car, truck, or other titled motor vehicle to a beneficiary. North Carolina law treats vehicles as specific devises under a will or as personal property in intestate estates. When the actual title,…
How Do I Recover Surplus Funds After a Foreclosure in North Carolina? Detailed Answer After a foreclosure sale in North Carolina, the clerk of superior court holds any amount left after the sale price covers the mortgage debt, interest and costs. A former owner, junior lienholder or other claimant can recover these surplus funds by…
