What if the appointed personal representative dies before probating my grandmother’s estate in Rockingham County? If the person named in your grandmother’s will (your father) died before opening or completing probate, North Carolina law provides for a successor personal representative. Under N.C. Gen. Stat. § 28A-12-1, when a named executor can’t serve, dies, or resigns…
FAQ 1: What rights does a beneficiary have under North Carolina law to request copies of a revocable living trust? As a beneficiary of your grandmother’s revocable living trust, North Carolina law gives you a clear right to inspect and copy the trust instrument and any amendments. Under N.C. Gen. Stat. § 36C-8-815, a trustee…
FAQ 1: What are my tax-filing requirements as a North Carolina personal representative, and can I rely on a CPA letter confirming no taxes are owed? As the personal representative administering an estate in Wake County or any North Carolina county, you must ensure the decedent’s final personal income taxes and the estate’s income taxes…
FAQ 1: Do I Need Probate for a House Held as Tenants by the Entirety in North Carolina? In North Carolina, when a married couple owns real property as tenants by the entirety (TBE), the surviving spouse automatically owns the property outright upon the other spouse’s death. You generally do not need to open a…
What should I do if I believe a family member wrongly diverted my inheritance by claiming I was incompetent? If you suspect a personal representative or heir improperly removed you from an estate by falsely claiming incompetency, start by reviewing North Carolina’s probate notice requirements and your rights as an heir. Under North Carolina General…
How do I petition the court for reimbursement of attorney fees from an estate in Wake County, NC? When you’re administering an estate in Wake County, you may find yourself paying legal fees out of pocket before the personal representative can seek reimbursement from estate assets. North Carolina law allows a personal representative, or interested…
FAQ 1: What should I do when my probate commissioner delays filing a report and how does that affect the distribution hearing? Under North Carolina law, a probate commissioner reviews and reports on estate assets before heirs receive distributions. The court appoints the commissioner under G.S. 28A-15-2. By statute, the commissioner must examine the estate…
FAQ 1: How do I petition for surplus funds after a foreclosure sale of a deceased family member’s property in Pic County, North Carolina? North Carolina law allows anyone entitled to surplus funds from a foreclosure sale to file a “Petition to Determine Ownership of Surplus Funds” in the clerk’s office of the superior court…
FAQ 1: How Do I Open an Intestate Estate in Onslow County When a Loved One Dies Without a Will? If your grandmother (or any relative) died in Jacksonville—Onslow County—without a valid will, North Carolina law (GS 28A-7-2) generally directs distribution to heirs by blood or adoption. You must open an intestate estate to get…
FAQ: How Do I Locate and Verify a Decedent’s Bank Accounts and Life Insurance Policies in North Carolina Probate? As personal representative, North Carolina law requires you to identify and secure all estate assets. N.C. Gen. Stat. § 28A-13-3 directs you to inventory and appraise property in your custody. That includes bank accounts, brokerage accounts,…
