How can co-owners compel a court-supervised sale and divide proceeds of jointly inherited real estate in North Carolina? Detailed Answer When multiple heirs inherit real estate together in North Carolina, they become tenants in common. Each co-owner holds an undivided share of the property. If they cannot agree on what to do with the land,…
How to Reopen a Closed North Carolina Probate to Collect Newly Discovered Assets Detailed Answer When an estate closes in North Carolina, the personal representative submits a closing document and the clerk issues an order discharging the representative. However, discovering assets after final distribution does not bar collection. Under state law, you may reopen a…
Detailed Answer When you begin the probate process in the State of North Carolina, a probate attorney will usually ask for a retainer or an upfront fee. This retainer covers initial work such as filing documents with the clerk of court, notifying creditors, and reviewing the will. Whether you pay this fee out of pocket…
Can I still probate a North Carolina will if the original was hidden and estate funds were withdrawn? Detailed Answer You can still probate the will even if the original is missing or someone withdrew estate funds without authorization. North Carolina law lets you admit a copy of a lost or destroyed will when you…
What deadlines and filings apply for estate inventory, creditor notice publication, and accounting in the State of North Carolina probate? Detailed Answer When a personal representative manages an estate in North Carolina, state law sets firm deadlines for filing an estate inventory, publishing creditor notices, and submitting accountings. Missing these deadlines can delay administration and…
Detailed Answer In North Carolina, a divorce automatically revokes an ex-spouse’s beneficiary designation on certain non-probate instruments under N.C.G.S. § 31-5. This statute covers wills, trusts, life insurance policies, payable-on-death accounts, and other contracts. By operation of law, a former spouse loses any right to receive property or benefits that would otherwise pass directly through…
What Are North Carolina’s Rules for Paying Liens and Notifying Unknown Heirs in Wrongful Death Settlements? 1. Detailed Answer Paying Liens in Wrongful Death Settlements When a wrongful death claim resolves, North Carolina law requires the personal representative to clear certain liens before distributing proceeds. Key statutory liens include: Medical Provider Liens. Under N.C. Gen.…
What attorney and paralegal fees and billing process are typical in North Carolina probate cases? Detailed Answer Probate in North Carolina often involves legal work to collect assets, pay debts, file tax returns and distribute property. Attorneys typically bill in two main ways: under the statutory commission set by state law or by hourly rates.…
What steps can I take to access estate records and challenge creditor claims in North Carolina probate? Detailed Answer Accessing Estate Records In North Carolina, probate records and estate files sit with the clerk of superior court. The public can review these files under the public records law. Start by identifying the decedent’s name and…
How is real property redistributed in North Carolina if an heir dies intestate without descendants? 1. Detailed Answer When someone inherits real property and then dies without leaving a will or descendants, North Carolina law requires us to reallocate that owner’s share under the rules of intestate succession. We follow N.C. Gen. Stat. § 29-14…
