Does the Discovery of a Will or Plat Map Midway Through the Partition Process Alter Property Distribution? In North Carolina, when a will or plat map is discovered after beginning a partition process, it can have an important effect on how inherited land is divided. In many cases, a will that allocates specific parcels or…
How Can I Secure My Deceased Loved One’s Estate Assets When There Is No Will in North Carolina? When a loved one dies without a will in North Carolina, you must act quickly to secure the estate’s assets and protect them from potential creditors or foreclosure. First, you should immediately start an inventory of all…
Probate & Partition Income FAQ | Pierce Law Group What Is the Typical Timeline for Partition Actions in North Carolina? Partition actions in North Carolina vary widely in duration. In many cases, the timeline depends on several factors such as the complexity of the property’s boundaries, the number of co-owners, and the need for detailed…
Can I Handle Probate Matters in Another State as a North Carolina Resident? Many North Carolina residents occasionally face estate issues that involve assets or family members in other states. For example, a caller shared that his brother‐in‐law resided in Maine while other relatives were located in Hillsborough, NC. When probate matters cross state lines,…
How Can I Remove an Executor from a Probate Estate in North Carolina? Removing an executor from an estate is not done lightly. In North Carolina, a beneficiary who believes that an executor has failed to follow the decedent’s wishes or has acted in a manner contrary to the interests of the estate may file…
Why Is the Estate Still Open Despite Filing the Final Account? In North Carolina, an estate does not close automatically when one or more documents have been filed or when receipts for fees are available. Based on the call transcript, the clerk indicated that the estate remains open even though a final account was submitted.…
How Can I Manage a Probate Estate Involving a Business and Real Property in North Carolina? When a sibling inherits both a business and real estate through probate, North Carolina law provides several options. In cases where the estate includes a sole proprietorship, the process may require closing the existing business and forming a new…
What Is a Motion to Dismiss in a Partition Action in North Carolina? A motion to dismiss in a partition action is a procedural request made to the court to strike a particular claim or prayer for relief from the opposing party’s petition. In North Carolina probate proceedings dealing with inherited property, a motion to…
What Is a Year’s Allowance in North Carolina Probate? A year’s allowance, sometimes called a spousal allowance, is a legal mechanism in North Carolina probate law that preserves a prescribed amount of the deceased’s personal property exclusively for the surviving spouse. When a petition and assignment of a year’s allowance is filed with the court,…
What Should I Do If I Cannot Locate a Will in Brunswick County, NC? When a family member’s will cannot be found, especially in Brunswick County or nearby Calabash, North Carolina, it is important to proceed methodically. Begin by recalling any verbal confirmations or documentation that indicated the existence of a will. Verify with trusted…
