How are assets distributed in North Carolina when a decedent leaves a minor child and a surviving parent without a will? – North Carolina Short Answer Under North Carolina’s intestate succession rules, if someone dies without a will and leaves a child but no spouse, the child inherits the entire probate estate. A surviving parent…
How can I file a partition action to sell our inherited property when my stepparent refuses to move out? – North Carolina Short Answer In North Carolina, a partition to sell real estate is a special proceeding filed with the Clerk of Superior Court in the county where the land sits. When a life estate…
What steps do I need to serve a partition petition on someone living elsewhere? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding filed with the Clerk of Superior Court in the county where the land sits. After filing the petition, you must have the Clerk issue a Special…
How can I get into the jointly owned home and collect our family photos when our stepparent is still living there? – North Carolina Short Answer In North Carolina, a life tenant (your stepparent) has the current right to exclusive possession of the home, so you generally cannot force a partition sale or enter the…
Can I make my stepparent remove all their belongings at their expense before the sale? – North Carolina Short Answer Generally, no. In North Carolina, a life tenant (your stepparent) has the current right to possess the home and control what personal items remain inside. You cannot force them to clear the house at their…
What timeline should I expect for preparing, filing, and completing a partition sale? – North Carolina Short Answer In North Carolina, an uncontested partition sale typically takes about 3 to 6 months from filing to closing. Expect time for serving all parties, a hearing before the Clerk of Superior Court, advertising the sale, and a…
How do I handle specific gift transfers of vehicles and personal items under a will? – North Carolina Short Answer In North Carolina, the executor transfers specifically gifted vehicles by signing the title as seller, providing certified Letters Testamentary and the death certificate, and ensuring the recipient completes DMV title and insurance steps. Tangible items…
How can I set up an estate bank account and obtain an estate tax ID after qualification? – North Carolina Short Answer In North Carolina, once you receive Letters (your official appointment), you should get a federal Employer Identification Number (EIN) for the estate and open a separate estate checking account right away. Use the…
How long does the process take to finalize a guardianship and conservatorship transfer in a different state? – North Carolina Short Answer Under North Carolina’s Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, a transfer typically happens in two courts: the “sending” court issues a provisional transfer, and the “receiving” court issues a provisional acceptance,…
What documentation does the new court need to recognize my existing guardianship and conservatorship? – North Carolina Short Answer In North Carolina, you either register your out-of-state guardianship/conservatorship or ask the Clerk of Superior Court to accept a transfer under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Expect to file certified copies of…
