When can I use estate funds to repair and sell real property after the creditor claim period in Cumberland County, NC? As the administrator of an intestate estate in Cumberland County, you hold title to probate assets under N.C. Gen. Stat. § 28A-2-1. Once you qualify and file for Letters of Administration, North Carolina law…
How Can I Verify Whether Dorothy Sizemore’s Estate Is Open in Lee County, NC? If you need to confirm whether someone has opened probate for a loved one in Lee County, you can start with the Lee County Clerk of Superior Court’s online docket search or visit the courthouse in Sanford. North Carolina General Statutes…
How do I establish guardianship for an incapacitated adult in North Carolina? When a loved one can’t manage personal or financial affairs, you’ll need to file a guardianship petition in the county where the ward lives. In Fayetteville (Cumberland County), the process follows N.C. Gen. Stat. § 35A-1101 et seq. You ask the clerk of…
How can co-owners and heirs resolve competing claims and join interested parties in an Alamance County partition action? When several beneficiaries inherit real property in Alamance County, they often file a partition action under N.C. Gen. Stat. Chapter 46 to divide or sell the land. A partition petition goes to the clerk of superior court…
1. What Happens When a Will’s Sole Beneficiary Dies Before the Testator? Detailed Answer Under North Carolina law, if a will leaves an asset to a named beneficiary who dies before the testator and the will contains no alternate beneficiary clause, the gift typically “lapses” and falls into the residuary estate or passes by intestacy.…
FAQ 1: How Can I Challenge an Incompetency Determination and Regain Guardianship of a Parent in Randolph County, NC? In North Carolina, a court may appoint a guardian when it finds clear and convincing evidence that an adult is unable to manage personal or financial affairs. If you believe the adjudication of incompetence was improper,…
FAQ 1: What Steps Are Required in a North Carolina Partition Action to Sell and Distribute Estate Property? In North Carolina, a partition action allows co-owners or heirs to divide or sell real property when they cannot agree on its use. In Wake County (as an example), you begin by filing a complaint for partition…
What initial steps should executors take to open probate of a will in Forsyth County, North Carolina? When a loved one passes away with a valid will, the first task executors face is probating that will at the Clerk of Superior Court in the county where the decedent lived. In Forsyth County, you must take…
FAQ 1: When Should I Consider a Guardianship Proceeding for an Incapacitated Adult in Wake County, NC? When a family member or friend shows diminished capacity to manage personal care or financial affairs, you may need to file for guardianship in Wake County. North Carolina law defines an “incapacitated person” as someone who, due to…
FAQ 1: What Is an Elective Share and How Do I File for It in Mecklenburg County? Under North Carolina law, a surviving spouse may claim an “elective share” if the decedent’s will omits or restricts spousal rights. The elective share equals 30% of the “augmented estate” (net probate plus certain nonprobate assets). See N.C.…
