FAQ 1: What options do heirs have to resolve a co‑owned inherited property dispute under North Carolina probate law? When two or more heirs inherit real estate in North Carolina, disputes often arise over whether to sell, buy out a co‑owner’s share, or divide the land. You can usually resolve these issues outside of court…
Probate & Guardianship FAQs – Pierce Law Group Frequently Asked Questions 1. What is a Probate Lawyer and When Do I Need One in North Carolina? A probate lawyer helps families navigate the court process after someone dies. In North Carolina, probate means proving a will’s validity or administering an estate when there’s no will.…
What Does It Mean to “Fund” a Revocable Living Trust in North Carolina, and How Does It Affect Probate? Many people in Yancey County create a revocable living trust to avoid probate. But creating a trust is only half the battle. “Funding” means re‑titling assets so the trust owns them. If you don’t fund your trust…
How do I find and select an attorney to draft a will and trust in Greensboro, NC? Finding the right attorney to prepare your will and trust starts with understanding your needs and the attorney’s qualifications. In Greensboro (Guilford County), you’ll want a lawyer familiar with North Carolina’s formalities for wills (NCGS § 31‑2‑101) and trusts (Chapter 36C…
Can I recover extra property tax payments I made on co‑owned inherited real estate in North Carolina? If you paid more than your pro rata share of property taxes on inherited real estate, North Carolina law allows you to seek reimbursement from the estate or from your co‑owners. Under N.C. Gen. Stat. § 28A‑15‑3, the estate…
FAQ: How does selling an estate property in North Carolina affect my inheritance and what debts get paid first? When a personal representative sells real estate as an estate asset, proceeds flow into the estate’s account. North Carolina law mandates that before any distribution to heirs, the representative must pay approved costs and valid creditor…
FAQ 1: What Happens to a Decedent’s Share of Tenants in Common Property When They Die Without a Will in North Carolina? When someone who holds real estate as tenants in common dies intestate (without a will) in North Carolina, their undivided share doesn’t automatically pass to the surviving co-owner. Instead, the decedent’s share goes…
How Do I Petition for Guardianship of an Adult Relative in North Carolina from Out‑of‑State? If you live in California and need to seek guardianship over your parent in Yadkin County, North Carolina, you must follow the procedure set out in Chapter 35A of the North Carolina General Statutes. Guardianship allows you to manage your parent’s…
When Does Real Property Become Part of a North Carolina Probate Estate? In North Carolina, real property does not automatically become part of a decedent’s probate estate for distribution. Under North Carolina law, specifically N.C.G.S. § 28A‑13‑3, homestead and other exempt real estate remain outside the pool of assets used to settle creditors’ claims unless the…
FAQ 1: What Should a Personal Representative Do If Estate Funds Appear Misappropriated at a Real Estate Closing? When you serve as a personal representative in a North Carolina probate estate and suspect that closing expenses doubled‑charged the estate, your first step is to gather and review all supporting documents. Pull the HUD‑1 or Closing…
