1. How Do I Open a Probate Estate and Compel an Uncooperative Co-Executor in Guilford County? When a co-executor lives out of state and refuses to qualify or cooperate, you still can open the estate and ask the court to appoint you or another personal representative. In Guilford County (Greensboro), start by filing a Petition…
What steps must I follow to open an intestate estate in Mecklenburg County when I live out of state and there is no valid will? When someone dies without a will in North Carolina, their estate proceeds under intestacy rules. In Mecklenburg County, even if you live in Michigan (or any other state), you can…
How do I file a final accounting and an amended final accounting in Wake County, NC? When you reach the closing steps of a probate in Wake County, the court requires a final accounting to show how the estate assets were received, managed and distributed. North Carolina General Statute § 28A-18-3 outlines the requirements for…
FAQ 1: How Can Heirs Sell Inherited Real Estate When a Co-Owner Refuses to Cooperate? When someone dies without a will (intestate) in North Carolina, their real property passes to heirs by operation of law. Under N.C.G.S. § 29-14 the estate divides equally among children who survive the decedent. If one child predeceases, their share…
FAQ 1: How Can I Verify and Stop Mismanagement by an Agent under a North Carolina Power of Attorney? Answer In North Carolina, a power of attorney (POA) agent must act in the principal’s best interest and keep detailed records of all transactions. Under N.C. Gen. Stat. § 32C-7-107, an agent owes a fiduciary duty…
Are life insurance proceeds and IRA distributions at risk in an equitable distribution claim after a spouse’s death? When a spouse dies amid divorce or shortly after filing, one key concern is whether beneficiary-designated assets—like life insurance proceeds or IRAs—can be reached by an equitable distribution (ED) claim. In North Carolina, life insurance benefits and…
Can I Work with a North Carolina Probate Attorney If I Live Out-of-State? Yes. North Carolina law allows a licensed NC attorney to represent clients regardless of their physical location. Under N.C. Gen. Stat. § 84-2.1, only attorneys admitted to practice in NC may handle NC probate matters. Once you retain counsel, you and your…
FAQ 1: What Is an Elective Share in North Carolina and How Do I File One? Under North Carolina law, a surviving spouse may choose to claim an elective share instead of accepting what a will or intestacy statute provides. The elective share ensures a spouse receives a statutory minimum—one-third of the decedent’s “total net…
When can I use North Carolina’s Small Estate Affidavit if the only asset is real property? North Carolina’s Small Estate Affidavit allows heirs to collect assets worth less than $20,000 without full probate. However, real property never qualifies for this simplified procedure. Under N.C.G.S. § 28A-18-2, a small estate affidavit applies only to personal property…
FAQ 1: When Can Heirs Sell Inherited Real Property in North Carolina? Under North Carolina law, heirs cannot market or transfer clear title to real estate inherited through a decedent until they satisfy one of two requirements: either wait two years from the date of the decedent’s death or complete a formal probate administration. N.C.G.S.…
