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…

How do unrecorded or unsigned deeds impact property administration during North Carolina probate?

How do unrecorded or unsigned deeds impact property administration during North Carolina probate? Detailed Answer When someone dies owning real estate, the personal representative must identify and list every parcel in the estate under North Carolina’s probate laws. The key statute is N.C.G.S. § 28A-13-3. A valid deed transfers legal title when the grantor signs…

How can a surviving spouse claim their statutory share and sell inherited property in North Carolina without a will?

How can a surviving spouse claim their statutory share and sell inherited property in North Carolina without a will? Detailed Answer In North Carolina, when someone dies without a will (intestate), state law determines who inherits the estate. A surviving spouse has a statutory share under the intestate succession statutes in Chapter 29 of the…

How can I enter estate property and retrieve my personal belongings under a North Carolina probate court order?

Understanding Court-Authorized Access to Estate Property Under North Carolina probate law, a decedent’s personal representative holds exclusive control over all estate property. Beneficiaries and heirs may not enter a decedent’s home or other property to collect personal belongings without written permission or a court order. Attempting to enter without approval can lead to civil liability…