How do North Carolina probate procedures adapt in wrongful death cases when an interested party’s whereabouts cannot be readily determined?

Probate Q&A Series

How do North Carolina probate procedures adapt in wrongful death cases when an interested party’s whereabouts cannot be readily determined? Detailed Answer When a wrongful death claim generates proceeds, the court supervises distribution under North Carolina law. N.C. Gen. Stat. §28A-18-2 establishes who inherits those funds. Sometimes one of the statutory beneficiaries cannot be located.…

How does the probate process address wrongful death claims, and what documents are required to support such a claim?

Probate Q&A Series

Detailed Answer When a person dies because of another party’s negligence or intentional act, North Carolina law allows the decedent’s personal representative to bring a wrongful death claim on behalf of the estate, heirs and dependents. The probate process ensures that the claim proceeds in an orderly fashion and that any recovery becomes part of…

How does a wrongful death claim impact the probate process and the distribution of estate funds to the deceased’s heirs?

Probate Q&A Series

How a Wrongful Death Claim Affects Probate and Estate Distribution in North Carolina Detailed Answer When a loved one dies because of someone else’s negligence or wrongful act, their family may pursue two separate legal actions under North Carolina law: a survival action and a wrongful death claim. Each affects the probate process and estate…

What should I do if I suspect unclaimed property includes funds from a wrongful death settlement?

Probate Q&A Series

What should I do if I suspect unclaimed property includes funds from a wrongful death settlement? Detailed Answer If you believe funds from a wrongful death settlement ended up as unclaimed property, act promptly. North Carolina’s Unclaimed Property Act (Chapter 116B of the North Carolina General Statutes) requires businesses and financial institutions to turn over…

What legal remedies are available if the trustee/executor is not fulfilling their fiduciary duties and is mismanaging or improperly applying discretionary trust funds?

Probate Q&A Series

Understanding Fiduciary Duties of Trustees and Executors in North Carolina Trustees and executors hold legal responsibilities to manage estate or trust assets in the best interests of beneficiaries. Under North Carolina law, these duties include loyalty, impartiality, prudence, and strict compliance with the terms of the trust or will. When a trustee or executor fails…

Why must I file an ancillary estate for property in another state when my spouse passed away in State of North Carolina?

Probate Q&A Series

Why Must I File an Ancillary Estate for Out-of-State Property? 1. Detailed Answer When someone dies owning property in more than one state, North Carolina law requires a separate ancillary estate for assets located outside North Carolina. This rule ensures clear title transfer and legal authority over those out-of-state assets. Classification of the Estate. Under…

Should Probate Proceedings Be Opened in North Carolina or Initiated as Ancillary Probate in South Carolina?

Probate Q&A Series

Should Probate Proceedings Be Opened in North Carolina or Initiated as Ancillary Probate in South Carolina? Detailed Answer Losing a spouse creates both emotional and legal challenges. One common question is where to handle probate. If your spouse lived in North Carolina but owned property in South Carolina, you may need two separate proceedings: a…

How do I begin the probate process for a property when the will designates multiple heirs, and I am the only surviving child?

Probate Q&A Series

Detailed Answer When a loved one passes away leaving a will that names multiple heirs but only one surviving child remains, you will need to open probate to transfer the decedent’s property lawfully. In North Carolina, probate takes place in the Clerk of Superior Court’s office in the county where the decedent lived. 1. Locate…

Can I legally change the locks on a property I co-own in North Carolina without risking a breaking and entering charge?

Probate Q&A Series

Detailed Answer In North Carolina, co-owners of real property share an equal right to possession. That means you cannot unilaterally lock out a fellow owner without facing possible criminal or civil consequences. Under North Carolina law, breaking and entering is defined in N.C. Gen. Stat. § 14-54. If you change the locks and prevent another…