How can I protect my mental health records from heirs challenging my capacity as personal representative in Mecklenburg County?

1. Can heirs demand my mental health records to challenge my capacity as a personal representative in Mecklenburg County, NC? When a beneficiary or co‐heir questions your fitness to serve as a personal representative, they may seek evidence of incapacity. In North Carolina, however, private medical and mental health records enjoy strict protection under federal…

How can heirs recover personal belongings left behind after a commissioner’s sale in a North Carolina probate estate?

How Can Heirs Recover Personal Belongings Left Behind After a Commissioner’s Sale in a North Carolina Probate Estate? When a probate property sells at a commissioner’s sale in Wake County or elsewhere in North Carolina, estate personal effects sometimes remain behind. State law requires the commissioner to advertise and conduct the sale of real property…

How can a Colorado prenuptial agreement waive or alter a surviving spouse’s intestate and elective‐share rights under North Carolina law?

How does a Colorado prenuptial agreement affect a surviving spouse’s intestate share and elective share rights under North Carolina law? When someone dies without a valid will in North Carolina, the surviving spouse generally inherits the entire estate if there are no children (N.C. Gen. Stat. § 29-14). Even with a will, a spouse can…