How do I inventory estate assets and access a corporate bank account during North Carolina probate? Detailed Answer When someone passes away in North Carolina, the clerk of superior court appoints a personal representative. This person has legal authority to gather estate assets, pay debts, and distribute remaining property to heirs. Two common tasks for…
Detailed Answer When a person dies without honoring a personal contract, you can enforce that agreement through probate or by pursuing a judgment and then attaching estate assets. North Carolina law requires the personal representative to publish notice to creditors under Chapter 28A of the North Carolina General Statutes. Your breach‐of‐contract claim qualifies as a…
How can I enforce or protect estate funds when a co-heir refuses to honor an agreement? 1. Detailed Answer When heirs agree on how to divide or manage estate assets, everyone must follow that agreement. If a co-heir then refuses to honor it, you have several legal tools under North Carolina law to enforce the…
How can I handle power of attorney abuse and open intestate probate in North Carolina? Detailed Answer When someone misuses a power of attorney, or you need to open an intestate probate for a loved one, you must follow clear steps under North Carolina law. This guide explains how to stop abuse of a power…
How do I extend the inventory deadline and properly inventory assets in North Carolina probate? Detailed Answer When you serve as a personal representative in a North Carolina probate case, you must file an inventory of the estate’s assets within three months of your appointment. North Carolina General Statutes require this timeline in G.S. 28A-13-3.…
Detailed Answer Transferring an LLC membership interest to a minor in North Carolina requires careful planning. You must respect the LLC’s operating agreement, use the Uniform Transfers to Minors Act (UTMA), and—if needed—establish a guardianship of the estate under North Carolina probate law. This process ensures the minor’s new interest remains protected until they reach…
How Can an Executor Offset Wrongful Heir Distributions and Address Bankruptcy Stays in North Carolina Probate? 1. Detailed Answer When an executor discovers that an heir has received estate assets they were not entitled to, North Carolina law provides tools to correct the mistake. Under N.C. General Statute § 28A-15-2 (ncleg.gov), the heir must return…
What rights do North Carolina heirs have when a surviving spouse blocks access and handles estate assets? Detailed Answer When a spouse survives the decedent and assumes responsibility for estate assets, North Carolina law gives heirs clear rights. A surviving spouse may act as personal representative if appointed by the clerk of superior court, but…
What are my options for interpreting a will paragraph in North Carolina? Detailed Answer When a paragraph in a will seems unclear, North Carolina law offers tools to help beneficiaries, personal representatives, and judges find the testator’s true intent. Under Chapter 31 of the North Carolina General Statutes, the courts follow a set of rules…
How to Transfer Out-of-State Inherited Property and Comply with Creditor Notice Requirements in North Carolina Detailed Answer When you inherit real estate located outside North Carolina, you must clear two main hurdles: obtaining proper authority to transfer title and satisfying North Carolina’s creditor notice rules for the estate. Handling both correctly protects you from future…
