What Is a Partition Action to Sell Inherited Property in North Carolina? When heirs inherit real estate jointly—such as the family home on Land Grove Road in Forsyth County—they each own an undivided interest. Disagreements can arise over possession, utilities, maintenance and sale timing. North Carolina law provides a partition action, a court-supervised sale, under…
How can I review and challenge creditor claims filed against a North Carolina probate estate? When a loved one dies in North Carolina, all known and unknown creditors get notice. The personal representative must publish a notice to creditors and send mailed notice to known creditors under N.C. Gen. Stat. § 28A-15-1. Creditors then have…
What attorney and paralegal fees should I expect in a North Carolina probate case? When you open a probate estate in North Carolina, you’ll incur fees for both attorney and paralegal services. At Pierce Law Group, our base attorney rate is $350/hour. We also employ a certified paralegal and a staff paralegal. The certified paralegal…
FAQ 1: Can medical bills, liens, or other expenses be paid out of a North Carolina wrongful death settlement? Under North Carolina law, certain medical providers, health insurers and other lienholders may assert claims against wrongful death proceeds. However, the legislature capped subrogation claims to protect family recovery. When you settle a wrongful death claim,…
FAQ: Does Divorce Automatically Revoke My North Carolina Pension Beneficiary Designation? When you named your former spouse as beneficiary on a Duke University pension plan, that designation generally survives unless the plan document or state law provides otherwise. In North Carolina, divorce revokes beneficiary designations on life insurance policies and annuity contracts by operation of…
How are household furnishings valued and reported in North Carolina probate? North Carolina law requires every personal representative to file an inventory of estate assets, including household furnishings, under N.C. Gen. Stat. § 28A-13-2. When a will directs that furnishings be handled separately from other personal property, you must value them on their own line.…
How Do I Reopen a Closed Probate Estate in North Carolina? If an estate has already closed but additional assets surface or heirs need to collect funds—like retirement benefits—you can petition the clerk of superior court to reopen the estate. North Carolina General Statute § 28A-20-1 authorizes the superior court to reopen an estate for…
Can a co-owner force a partition action on property in Chapter 13 bankruptcy in North Carolina? Yes. Even when one co-owner has filed a Chapter 13 bankruptcy, another co-owner can file a partition action under North Carolina law (G.S. 46-6). However, the property is “property of the estate” under Title 11 U.S. Code § 541(a),…
FAQ 1: What steps should I take if I suspect a co-owner forged my signature on an inherited property deed in Durham County, NC? Discovering that a deed to property you inherited in Durham County bears your signature without your knowledge can feel overwhelming. North Carolina law provides remedies to challenge forged or fraudulent deeds…
How Do I Contest a Will in Guilford County, North Carolina Through a Caveat? In North Carolina, a caveat allows an interested party to object to the admission of a will in probate. If you believe a will admitted in Guilford County is invalid, you must file a caveat petition with the Clerk of Superior…
