FAQ 1: Can I hire my own attorney to protect my interests in a wrongful death lawsuit handled by my brother as personal representative? You absolutely may retain separate counsel to safeguard your share of any wrongful death recovery. North Carolina law grants each heir the right to independent legal advice and, if necessary, to…
How Can I Transfer LLC Membership Interests in a North Carolina Probate Estate Without Losing Liability Protection? If you administer an estate owning a single-member or multi-member LLC in New Hanover County (or elsewhere in North Carolina), you must preserve the limited liability shield while moving membership interests to heirs. Under N.C. Gen. Stat. §…
FAQ 1: How can I Document and Recover Reimbursement for Payments Made on Co-Owned Inherited Property in North Carolina? When you and a co-heir share an inherited home, North Carolina law presumes each heir bears a pro rata share of ongoing expenses. But if you’ve covered more than your half of property taxes, homeowners insurance,…
When Does Real Property Become Part of a North Carolina Probate Estate for Distribution or Creditor Claims? Under North Carolina law, real estate owned solely by a decedent generally passes immediately at death to the heirs at law or devisees named in a will. N.C.G.S. § 28A-2-1 sets out who those heirs are. Until the…
How do I serve and include an unlocatable heir or spouse in a North Carolina probate proceeding? When an heir or surviving spouse like “Nathan” cannot be located, North Carolina law still requires you to include them before the court can approve sale of estate property or distribution of assets. First, your attorney can file…
Does a Long-Separated Spouse Inherit under North Carolina Intestacy Without a Final Divorce? Many families in Cleveland County and across North Carolina wonder whether a spouse still inherits if the couple has legally separated but never finalized their divorce. Under North Carolina law, simply filing for divorce or signing a separation agreement does not automatically…
How Do I File a Special Proceeding to Sell Estate Real Property in North Carolina? Filing a special proceeding under Chapter 28A of the North Carolina General Statutes lets co-owners or personal representatives ask the clerk of superior court to order the sale of estate realty when heirs cannot agree on use or division. In…
Can I Require Another Heir to Pay My Attorney’s Fees in a Partition Action? In North Carolina, a partition action under N.C. Gen. Stat. §46-1 [ncleg.gov] lets co-owners divide or sell inherited real property. Each party normally pays its own legal fees. The court may award “costs and expenses incidental to the partition,” but that…
What duty does a North Carolina personal representative have to negotiate SBA and other creditor claims in a probate estate? Under North Carolina law, a personal representative (sometimes called an executor or administrator) must discharge valid claims against the estate in the order set out by statute. In particular, G.S. 28A-15-3 through G.S. 28A-15-5 list…
What Should I Expect During My Initial Call with a North Carolina Probate Attorney’s Office? When you reach out to a probate attorney’s office in Wake County or anywhere in North Carolina, the goal of the initial call is to gather key information so the attorney can advise you accurately. You will usually speak with…
