How does obtaining a renunciation of rights from a higher-priority claimant expedite the probate administration process?

Probate Q&A Series

Can a Stepfather Serve as the Estate Administrator in North Carolina? In North Carolina, a stepfather may serve as the personal representative (administrator) of an estate provided that the proper legal procedures are followed. When a decedent leaves behind both a stepfather and a biological parent, North Carolina law requires determining priority among claimants. In…

How do I verify whether a deceased individual had additional insurance policies—such as family or commercial coverage—that may impact the estate’s settlement?

Probate Q&A Series

What Steps Should I Take to Verify Additional Auto Insurance Policies After a Loved One’s Death? When a loved one passes away and you are later faced with questions about auto insurance coverage, it becomes vital to verify every potential insurance policy they may have maintained. In North Carolina, checking for multiple policies is a…

Will signing a mediated settlement agreement affect an heir’s statutory interest in the property?

Probate Q&A Series

Does a Mediated Settlement Agreement Change a Beneficiary’s Inherited Interest? In North Carolina probate, a mediated settlement agreement does not alter a beneficiary’s inherited interest in the property. When co-heirs enter into a mediated settlement, it can provide a structured method for resolving disputes or offering a buyout opportunity. If a beneficiary is given the…

What legal steps should I consider when managing a property dispute involving power of attorney and an oral agreement, especially if the opposing party is threatening foreclosure?

Probate Q&A Series

Is an Oral Contract for a Real Estate Payment Agreement Enforceable in North Carolina? In North Carolina, an oral contract related to real estate transactions can sometimes be enforceable, but there are strict requirements. Under the North Carolina statute of frauds, many real estate agreements must be in writing. However, if an oral agreement does…

Can I begin hiring a real estate agent and preparing the property for sale while still waiting for final probate approval?

Probate Q&A Series

Can I Begin Hiring a Real Estate Agent and Prepare Sale Paperwork Before Full Probate Approval? In North Carolina probate, it is often acceptable to start the process of hiring a real estate agent and preparing the necessary paperwork before full court approval. However, final steps to sell the property may require confirmation from the…

What does it mean when a public administrator is appointed in probate, and how might that affect the distribution of my deceased parent’s assets?

Probate Q&A Series

What Does it Mean When a Public Administrator is Appointed in North Carolina Probate? In North Carolina probate, when a public administrator is appointed the court designates an impartial attorney to administer the estate. This appointment usually occurs when family members or other potential personal representatives cannot agree on who should manage the probate affairs.…

How does the appointment of a public administrator and a full probate process affect my ability to obtain a clear title and protect my estate assets?

Probate Q&A Series

Is a Certificate of Probate from an Unapproved Application Valid? In North Carolina, a Certificate of Probate issued from a previously filed application that was never approved generally does not have legal effect. When a probate court issues such a certificate, it must be supported by a fully compliant application and proper approval procedures as…

What key considerations should I keep in mind when updating my estate plan—such as revising my will, transferring assets with survivorship designations, or establishing trusts—after the loss of a spouse?

Probate Q&A Series

How Do I Update My Will After the Death of My Spouse in North Carolina? Updating your will after the death of a spouse is an important step in ensuring that your estate reflects your current wishes. In North Carolina, a will can be revised or completely redrafted to remove or change beneficiaries. Following the…

What should I do if I receive conflicting instructions about where to send rent after my landlord’s death?

Probate Q&A Series

What Should I Do If My Deceased Landlord’s Estate Is Directing Me to Change Rent Payment Instructions? When your landlord dies and you receive conflicting instructions about where to send your rent, start by understanding that the deceased’s estate holds the funds until final distribution. In Brunswick County, North Carolina, the estate is administered through…