What Is a Partition Action in North Carolina and How Does It Work? A partition action is a legal remedy that allows co-owners of a property—such as family members who have inherited real estate—to force the division or sale of the property when one or more parties refuse to agree on its disposition. In North…
What Happens When a Family Member Dies Without a Will in North Carolina? Detailed Answer: When a relative passes away without leaving a will (intestate) in North Carolina, the state’s intestacy laws determine how the assets are distributed. In McDowell County and throughout North Carolina, the estate will be divided according to a statutory formula…
Why Does the Disbursement Directive Not Specify an Exact Dollar Amount? In many North Carolina probate matters, a directive for disbursement is drafted without an exact figure because the final amount available for distribution will only be determined after a court hearing. The document instructs that all funds from the case be sent to a…
Who Is Responsible for Paying Petition Filing Fees in North Carolina Probate? In some North Carolina probate cases, a petition may be filed to remove a party whose conduct appears contrary to proper estate administration. The fee associated with this petition – often around $100 to $120 – is not considered the standard estate filing…
FAQ 1: How Do Filing Fee Issues Affect Petition Removal for Probate in North Carolina? In North Carolina probate cases, filing fees can sometimes become a point of confusion. For example, a fee that might appear related to opening an estate can in fact be charged for filing a petition to remove an item from…
What Is the Impact of an Erroneous EMS Claim on Estate Closings in North Carolina? An EMS claim, in the context of probate administration, refers to an entry for a hospital or ambulance expense that may show up on an estate file. Sometimes, such a claim is mistakenly recorded in the wrong account. In North…
Should I Remove a Deceased Sibling’s Name from a Life Estate Deed in North Carolina? In North Carolina, when a person holding a remainder interest under a life estate dies, their interest passes by operation of law to their heirs. If your mother’s deed provides for a life estate in which she occupies the property…
What Legal Options Do I Have if a Former Probate Attorney Mismanaged an Estate? If you believe a former probate attorney mismanaged an estate by engaging in self‐dealing or failing to follow proper procedures, you may have legal remedies available. Even though the attorney in question may have been disbarred, you still might pursue a…
What Can I Expect During a Preliminary Probate Consultation in North Carolina? A preliminary probate consultation helps you understand the basic structure of your case. During the consultation, the attorney will review preliminary information about the estate and answer any questions about the process. In North Carolina, the probate process is governed by statutes such…
What Steps Are Involved in Administering an Intestate Estate in North Carolina? When a loved one dies without a will in North Carolina, the probate process requires appointing an administrator to settle the estate. In Buncombe County, as elsewhere in the state, you must file a petition with the local register of deeds and probate…
