How do I sell inherited real estate or use a partition action in North Carolina? 1. Detailed Answer When you inherit real estate in North Carolina, you have two main paths to convert that property into cash: selling the property through the probate process or forcing a partition action in Superior Court. Each route involves…
Avoid Surprises in Probate Fees and Qualify an Executor in North Carolina 1. Understanding Probate Fees in North Carolina Probate involves settling a decedent’s estate under court supervision. In North Carolina, personal representatives (also called executors) and their attorneys earn statutory commissions and fees. Knowing these costs up front helps you avoid surprise bills. Personal…
How an Heir Can Reopen a Closed North Carolina Probate Estate and Address Misconduct 1. Detailed Answer Once a probate estate in North Carolina closes, the court generally considers asset distribution and estate administration complete. However, state law allows heirs to challenge the final decree in certain situations, especially when misconduct by the personal representative…
How to Transfer a Vehicle Title after Death in North Carolina Using an Affidavit for Collection Detailed Answer When a vehicle owner dies in North Carolina, you can avoid formal probate of small estates by using an Affidavit for Collection of Personal Property under N.C. Gen. Stat. § 28A-19-13 (view statute). This process lets a…
How to Contest a Fiduciary Breach and Find Legal Representation in North Carolina Probate 1. Detailed Answer When someone you trust—an executor, administrator, or personal representative—misuses estate assets, you face a fiduciary breach. In North Carolina, fiduciaries must act honestly and in beneficiaries’ best interests. If they fail, you have legal tools to hold them…
How much does North Carolina probate administration cost and how are fees structured? 1. Detailed Answer Probate administration in North Carolina involves several categories of fees set by statute and local court rule. You’ll encounter court filing fees, personal representative commissions, attorney fees, appraisal costs, bond premiums and miscellaneous charges. Understanding each component helps you…
Managing Estate Business Accounts and Distributing Corporate and Real Estate Assets in North Carolina Probate 1. Detailed Answer When someone passes away owning a business or real property, the personal representative (previously called executor or administrator) must follow North Carolina law to protect assets, pay creditors, and distribute property to beneficiaries. Below is a step-by-step…
How Does Probate Work and Can I Save My Parent’s Land from Foreclosure if I’m Not the Owner? 1. Understanding Probate in North Carolina Probate is the court process that settles a deceased person’s estate. In North Carolina, a personal representative handles this process. You open an estate by filing a petition in county probate…
How Co-Owners Can Resolve a Buyout Dispute and Obtain More Time to Refinance in North Carolina 1. Detailed Answer When two or more co-owners cannot agree on a buyout under a probate estate or joint ownership arrangement, North Carolina law offers paths to resolution. You can negotiate directly, use mediation, or ask the court to…
How Co-Owners Resolve Personal Property Disputes and Request Mediation in North Carolina Partition Actions Detailed Answer In North Carolina, partition actions allow joint owners to divide real property and related personal property. When co-owners own items like furniture, equipment or household goods that cannot be physically divided, state law provides a clear process for assigning…
