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…
FAQ 1: What Should I Do If There Is a Delay in Connecting With the Party Responsible for My Probate Retainer Fee? A delay in connecting with the person processing your retainer fee can affect the timely start of your probate case. In North Carolina, it is important that all parties follow the representation agreement…
FAQ 1: Why Must Outstanding Estate Claims Be Paid Before Recording a Deed? In North Carolina, when real property is tied to an estate that is still open, any existing claims—even if not obvious in the legacy scan—must be resolved before recording a new deed. Even when the co-administrators have signed documents to release liability,…
How Does the Release of Creditor Claims Impact the Property Sale Process in North Carolina Probate? In North Carolina probate cases, the estate administrator may sign documents that release the property from creditor claims. This release means that even if creditors have a claim against the estate, the property sale can proceed without having the…
How Is Personal Property Addressed During a Probate Sale in North Carolina? In North Carolina probate cases, personal property may be handled in two ways. Items that the commissioner or personal representative deems unnecessary for the sale may be removed before the listing, or they may be sold “as-is” with the real property. Often, if…
How Can I Confirm That Probate Documents Were Properly Filed? When a court clerk reports that no documents have been filed, it may create uncertainty about the status of a probate administration. In North Carolina, probate filings follow specific rules and timelines outlined in the General Statutes. A clerk’s statement that “nothing whatsoever” has been…
