Will my son’s hospital debt force me to sell the house during probate and how do creditor claims work? – North Carolina Short Answer In North Carolina, hospital debt does not automatically force a sale, but the administrator may need to petition the Clerk of Superior Court to sell the house if there isn’t enough…
Can we buy out our sibling’s remainder interest to avoid court? – North Carolina Short Answer Often, yes. In North Carolina partition cases, co-owners can settle by purchasing a sibling’s undivided remainder interest at an agreed price and dismissing the case. If the property qualifies as “heirs property,” state law also provides a structured buyout…
Can estate taxes, property taxes, and legal fees be paid from the estate so I can keep the house? – North Carolina Short Answer Yes. In North Carolina, estate administration costs (including reasonable attorney’s fees approved by the clerk) and taxes can be paid from estate assets before other debts. If the estate lacks cash,…
How can we legally sell our family home when Mom has a life estate and we’re co-owners? – North Carolina Short Answer In North Carolina, you generally cannot force a partition sale against a life tenant. To sell the whole property now, the life tenant (through her guardian) must join the sale or the guardian…
What documents do I need for a basic estate plan? – North Carolina Short Answer In North Carolina, a basic estate plan usually includes: (1) a Last Will and Testament (preferably self-proved), (2) a Financial Power of Attorney, (3) a Health Care Power of Attorney, and (4) an Advance Directive/Living Will. Many people also add…
How do I choose an executor and power of attorney? – North Carolina Short Answer In North Carolina, choose an executor (personal representative) who is legally qualified, organized, and conflict‑free; name one or two backups in your will. For powers of attorney, pick a trusted adult who will act in your best interests—use a notarized…
What happens if not all siblings consent to selling the property? – North Carolina Short Answer In North Carolina, you do not need unanimous consent to sell co-owned property. Any co-tenant can file a partition action with the Clerk of Superior Court. The court first considers a physical division (partition in kind); it orders a…
How often should I review or update my estate planning documents? – North Carolina Short Answer In North Carolina, review your will, trust, and powers of attorney every 3–5 years and whenever a major life event happens (marriage, divorce, birth/adoption, death, a move, or a big change in assets). State law automatically changes some outcomes…
What are the benefits of a trust versus a will? – North Carolina Short Answer In North Carolina, a properly funded revocable living trust can avoid court probate, keep your plan private, and provide seamless management if you become incapacitated. A will must go through the Clerk of Superior Court’s probate process and becomes part…
What makes a power of attorney valid if the principal has dementia but no formal incompetence finding? – North Carolina Short Answer In North Carolina, a power of attorney is valid if the principal had sufficient mental capacity at the moment of signing and the document met the execution formalities (financial POA: signed and acknowledged…
