How do I obtain Letters of Administration in North Carolina to stop foreclosure on inherited property?

How to Obtain Letters of Administration in North Carolina to Stop Foreclosure on Inherited Property Detailed Answer When a loved one dies without leaving a will or fails to name a personal representative, North Carolina law requires the court to appoint an administrator. Letters of Administration grant that administrator the authority to manage and protect…

What’s the difference between guardianship and a durable power of attorney in North Carolina, and when is each appropriate?

Detailed Answer When a loved one loses the capacity to make personal, financial or health decisions, you may consider either a guardianship or a durable power of attorney. In North Carolina, these two tools serve different purposes, follow separate procedures and carry unique advantages and drawbacks. Guardianship in North Carolina Guardianship is a court-supervised appointment…

How do you transfer an LLC membership interest from an estate to an heir under North Carolina probate law?

How do you transfer an LLC membership interest from an estate to an heir under North Carolina probate law? Detailed Answer When an LLC member dies, the decedent’s membership interest becomes part of the probate estate. The personal representative must collect, manage, and ultimately distribute that interest to the heir or beneficiary under the will…

How are attorney fees and carrying costs recovered and allocated in North Carolina probate hearings?

How are attorney fees and carrying costs recovered and allocated in North Carolina probate hearings? 1. Detailed Answer When an individual in North Carolina passes away, the personal representative (sometimes called the executor) must pay the estate’s debts and expenses before distributing property to heirs or beneficiaries. Two key types of administration expenses are attorney…

What documents and information should I gather before contacting a State of North Carolina probate attorney and notifying my bank?

What documents and information should I gather before contacting a State of North Carolina probate attorney and notifying my bank? Detailed Answer Starting probate or notifying your bank after a loved one’s death can feel overwhelming. Gathering the right paperwork and details in advance will streamline the process. In North Carolina, the clerk of superior…

What information and documents should I gather before contacting a North Carolina probate attorney?

What information and documents should I gather before contacting a North Carolina probate attorney? Detailed Answer When you face the responsibility of administering an estate in North Carolina, preparing key information and documents in advance helps your probate attorney guide you efficiently. Gathering these items before your initial meeting accelerates the filing process, reduces costs…

What steps should a North Carolina personal representative follow to report and secure a missing estate vehicle?

What steps should a North Carolina personal representative follow to report and secure a missing estate vehicle? Detailed Answer When you serve as a personal representative in North Carolina, state law requires you to gather and protect every asset in the estate, including vehicles. North Carolina General Statutes Chapter 28A outlines your duties. In particular,…