Detailed Answer When a loved one passes away in North Carolina, a court appoints a personal representative to manage the estate. This person collects assets, pays valid debts and expenses, and distributes remaining property to heirs. Along the way, the personal representative owes a strict duty to follow state law. Failing to meet those duties…
Do I Have to Pay Estate Debts Out of My Own Pocket When Opening a Probate Estate? Detailed Answer When you serve as the personal representative (sometimes called the executor or administrator) of a loved one’s estate in North Carolina, you act on behalf of the estate—not as a guarantor of its debts. Under North…
What Can I Do If I Disagree with the Executor’s Actions in North Carolina Understanding Your Options Under North Carolina Law When an executor manages an estate, beneficiaries must trust the executor to follow North Carolina law. Under N.C. Gen. Stat. § 28A-13-1, executors must act impartially, keep accurate records and protect estate assets. If…
How Can I Challenge a Change in Life Insurance Beneficiary After Divorce and Separation in North Carolina? Detailed Answer After a divorce or legal separation, many policyholders assume their ex-spouse can no longer receive life insurance proceeds. North Carolina law provides clarity but also limits. Under N.C.G.S. § 58-10-5, a divorce generally revokes any designation…
How Can Heirs Access Estate Records When a Family Member Is Withholding Them in North Carolina? Detailed Answer North Carolina law treats probate estate files as public records. When a loved one passes away, the personal representative (often a family member) must file estate documents in the Clerk of Superior Court’s office for the county…
What Happens When a Probate Hearing Orders the Sale of an Inherited Property in North Carolina? Detailed Answer When a probate court in North Carolina orders the sale of an inherited property, you begin a legal process to convert real estate into cash. This sale often occurs when co-owners cannot agree on ownership or when…
How to File a Partition Action to Sell Inherited Property in North Carolina Detailed Answer When co-owners inherit real property and cannot agree on keeping or dividing it, North Carolina law lets any co-tenant start a partition action. This lawsuit asks the court to divide the land or order its sale and split the proceeds.…
How to Draft a Will in North Carolina to Reimburse Down Payment Contributions and Devise a Mobile Home to Your Child 1. Detailed Answer When you draft a will in North Carolina to repay a down payment contribution and leave a mobile home to your child, you take two main steps: creating a reimbursement provision…
Detailed Answer When someone dies without a will in North Carolina, the court issues letters of administration to appoint a personal representative. North Carolina law gives the surviving spouse the first right to serve in that role. If the clerk issues letters to someone else, the surviving spouse may contest that appointment. Here’s how the…
How do I collect and distribute life insurance proceeds when no beneficiary is named in North Carolina? Detailed Answer When a life insurance policyholder dies without naming or maintaining a living beneficiary, North Carolina law directs insurers to pay the death benefit into the insured’s estate. Under N.C. Gen. Stat. § 58-55-20(b)(1), the insurer treats…
