What legal remedies are available if the trustee/executor is not fulfilling their fiduciary duties and is mismanaging or improperly applying discretionary trust funds?

Probate Q&A Series

Understanding Fiduciary Duties of Trustees and Executors in North Carolina Trustees and executors hold legal responsibilities to manage estate or trust assets in the best interests of beneficiaries. Under North Carolina law, these duties include loyalty, impartiality, prudence, and strict compliance with the terms of the trust or will. When a trustee or executor fails…

Why must I file an ancillary estate for property in another state when my spouse passed away in State of North Carolina?

Probate Q&A Series

Why Must I File an Ancillary Estate for Out-of-State Property? 1. Detailed Answer When someone dies owning property in more than one state, North Carolina law requires a separate ancillary estate for assets located outside North Carolina. This rule ensures clear title transfer and legal authority over those out-of-state assets. Classification of the Estate. Under…

Should Probate Proceedings Be Opened in North Carolina or Initiated as Ancillary Probate in South Carolina?

Probate Q&A Series

Should Probate Proceedings Be Opened in North Carolina or Initiated as Ancillary Probate in South Carolina? Detailed Answer Losing a spouse creates both emotional and legal challenges. One common question is where to handle probate. If your spouse lived in North Carolina but owned property in South Carolina, you may need two separate proceedings: a…

How do I begin the probate process for a property when the will designates multiple heirs, and I am the only surviving child?

Probate Q&A Series

Detailed Answer When a loved one passes away leaving a will that names multiple heirs but only one surviving child remains, you will need to open probate to transfer the decedent’s property lawfully. In North Carolina, probate takes place in the Clerk of Superior Court’s office in the county where the decedent lived. 1. Locate…

Can I legally change the locks on a property I co-own in North Carolina without risking a breaking and entering charge?

Probate Q&A Series

Detailed Answer In North Carolina, co-owners of real property share an equal right to possession. That means you cannot unilaterally lock out a fellow owner without facing possible criminal or civil consequences. Under North Carolina law, breaking and entering is defined in N.C. Gen. Stat. § 14-54. If you change the locks and prevent another…

How does the hourly retainer fee work in a probate case, and what happens if the estate’s assets are insufficient to cover ongoing legal fees?

Probate Q&A Series

How an Hourly Retainer Fee Works in a North Carolina Probate Case 1. Detailed Answer When you hire an attorney to handle a probate administration in North Carolina, you typically enter into a written fee agreement. In most cases, the lawyer will require an hourly retainer fee, sometimes called a deposit or advance, before beginning…

How does the creditor notice period during probate in North Carolina affect my ability to sell an inherited property?

Probate Q&A Series

How does the creditor notice period during probate in North Carolina affect my ability to sell an inherited property? Detailed Answer When someone passes away in North Carolina, the personal representative (formerly called executor) must notify creditors of the estate. Under N.C. Gen. Stat. § 28A-18-3, the personal representative must: Publish notice in a newspaper…