Can out-of-state clients work with North Carolina probate attorneys remotely? Detailed Answer Yes. Out-of-state clients can retain and work with North Carolina probate attorneys without ever setting foot in the state. Technology and recent statutory changes make it simple to handle every stage of estate administration from a distance. An attorney licensed in North Carolina…
Are life insurance proceeds and IRA distributions subject to equitable distribution claims in North Carolina after a spouse’s death? 1. Detailed Answer In North Carolina, equitable distribution applies only during a divorce proceeding, under G.S. 50-20. Once a spouse dies, the court no longer divides marital property. Instead, assets pass according to beneficiary designations, a…
How to Verify and Stop an Agent’s Mismanagement Under a North Carolina Durable Power of Attorney 1. Detailed Answer When you grant someone durable power of attorney in North Carolina, you authorize that person (the agent) to manage your financial affairs if you become unable to do so. North Carolina law imposes on your agent…
How do I file a final and amended final accounting in North Carolina probate? Detailed Answer Filing a final accounting in a North Carolina probate estate lets the court and beneficiaries see all financial activity from start to finish. If you need to correct or update that accounting later, you file an amended final accounting.…
How can I open an intestate estate in North Carolina from another state if there’s no will? When someone dies without a will, North Carolina law treats the estate as intestate. You must open probate in the county where the decedent lived at death. Even if you live outside North Carolina, you can serve as…
What Steps Are Required to Open an Intestate Estate in North Carolina? Detailed Answer When someone dies without a valid will in North Carolina, the estate proceeds through intestate administration under state law. North Carolina General Statutes Chapter 28A and Chapter 29 set the requirements for opening and administering an intestate estate. Below are the…
Do I Need a Lawyer Licensed in North Carolina for My Inherited Real Property? Detailed Answer If you inherit real property located in North Carolina, state law requires that anyone representing you in probate or real‐estate matters hold a valid North Carolina law license. North Carolina General Statute § 84-2.1 prohibits unlicensed individuals from practicing…
Can Stepchildren Inherit Under North Carolina Intestacy Laws Without Legal Adoption or a Will? Detailed Answer Under North Carolina law, intestate succession governs who inherits property when someone dies without a valid will. The statutes in Chapter 29 of the North Carolina General Statutes list close blood relatives and legally adopted children as beneficiaries. Stepchildren…
Detailed Answer When you inherit real property in North Carolina that still carries a mortgage, the mortgage remains attached to that property through probate and any subsequent sale. Under North Carolina law, the decedent’s secured debts—including mortgages—must be handled before beneficiaries receive a clear title. Here’s how the process typically unfolds: 1. Identification of Assets…
What Are My Options When the Costs of a Property Partition Action Outweigh the Estate’s Available Equity in North Carolina? Detailed Answer When an estate holds real property and the expenses of partition—including appraisals, court costs, commissioner’s fees and attorney’s fees—exceed the property’s equity, pursuing a partition action under Chapter 46 of the North Carolina…
