FAQ 1: Does a Separated Spouse Still Inherit in North Carolina If the Divorce Never Finalized? Under North Carolina intestacy law, a surviving spouse retains full inheritance rights unless a statutory bar applies. In your situation, the decedent and his wife separated more than a decade ago but never obtained a final divorce decree. Even…
How Can I Check the Status of My Grandmother’s Probate Estate in Mecklenburg County, NC? When a loved one passes, family members often wonder whether an estate remains in probate or if assets—including real property—have been sold. In North Carolina, county clerk of superior court offices maintain public records for all probate estates. To determine…
What Is an Early Distribution in North Carolina Probate and How Does a Receipt and Refunding Agreement Work? In North Carolina probate administration, an early distribution (sometimes called an interim distribution) lets heirs receive part of their inheritance before the estate closes. Under N.C. Gen. Stat. § 28A‑15‑2, a personal representative has broad authority to manage…
What should I expect during my initial call with a North Carolina probate attorney’s office? When you reach out to a probate attorney in North Carolina—whether you live in Wake County, Mecklenburg County, or any other jurisdiction—the goal of the first call is to gather basic information so the attorney can evaluate your situation. You…
FAQ: Can I Contest a Will If I’m Specifically Cut Out? In North Carolina, simply being omitted from a will does not by itself let you overturn it. To challenge a will, you must attack its validity—not just object to your share. Under the North Carolina caveat process (N.C. Gen. Stat. § 28A‑10‑1 et seq.), an…
FAQ 1: How Can a Designated Beneficiary Protect Their Inheritance When a Third Party Challenges the Will in Mecklenburg County, NC? When you’re named as a beneficiary in a North Carolina estate and another party claims rights via a third‑party agreement, you face both timing and substantive risks. In Mecklenburg County, the Clerk of Superior…
What Is a Special Proceeding in North Carolina and How Does It Differ from Estate Administration? In North Carolina, courts handle certain matters—like partition actions, condemnation, and guardianships—through “special proceedings” rather than formal probate. A special proceeding runs on its own timetable and statutory framework. The clerk may hold proceeds from a real‑estate sale in…
Do I need a North Carolina attorney in my home county to prepare a living will or health care power of attorney? Many clients wonder whether estate‑planning documents must come from a lawyer licensed in the county where they live. In North Carolina you can hire any attorney admitted to the NC Bar to draft…
Can I File a Partition Action if a Co‑Owner Holds a Life Estate and Is Under Guardianship? Yes. In North Carolina you may petition the clerk of court for partition even when one co‑owner holds a life estate and is under a guardianship. A life tenant has the right to occupy or receive income from…
Does Equitable Distribution Survive the Death of a Spouse in North Carolina? Yes. North Carolina law allows a pending equitable distribution claim to continue even if one spouse dies before the divorce case concludes. Under N.C. Gen. Stat. § 50‑20(d), the family court retains jurisdiction to value and divide marital assets as of the decedent’s date…
