What to Do if Your Estate Planning Attorney Leaves Before Completing Your Will and Health Care Power of Attorney Detailed Answer When your attorney departs before finalizing your will and health care power of attorney, you may feel uncertain about next steps. North Carolina law protects your rights and ensures you can complete your estate…
How to Open an Intestate Estate in North Carolina 1. Detailed Answer When someone dies without a valid will, North Carolina law treats their assets as an intestate estate. To distribute those assets, you must open a formal probate proceeding. In North Carolina, you start by filing a petition for administration with the Clerk of…
How Can an Heir in North Carolina Stop Foreclosure on an Inherited Home During Probate? 1. Detailed Answer: Protecting an Inherited Home During Probate When a loved one passes away and leaves real estate behind, the property enters a legal process called probate. Probating an estate lets the court authorize a personal representative to settle…
How to Compel a Retired Attorney to Deliver a Will and Initiate Probate in North Carolina Detailed Answer When someone passes away, the decedent’s last will usually remains in the attorney’s file. North Carolina law obligates any holder of the original will to deliver it to the clerk of superior court in the county where…
How do I transfer an LLC membership interest in a North Carolina probate estate without losing liability protection? 1. Detailed Answer When a member of a North Carolina limited liability company (LLC) dies, their membership interest becomes part of the decedent’s probate estate. Transferring that interest correctly ensures the new owner enjoys the same liability…
Can an heir hire separate counsel and intervene in a North Carolina wrongful death suit handled by the personal representative? Detailed Answer In North Carolina, only the personal representative may file and maintain a wrongful death action. Under N.C.G.S. § 28A-18-2, the personal representative holds exclusive authority to bring the claim for the benefit of…
How long should I expect the lien verification process in a probate case to take, and what might cause delays? Detailed Answer When you serve as a personal representative in a North Carolina probate, you must identify and verify any liens on estate property before you distribute assets to beneficiaries. Common liens include mortgages, judgment…
How to Withdraw Your Application to Serve as Personal Representative in North Carolina Before Letters Issue Detailed Answer If you have filed an application to serve as the personal representative (also called executor or administrator) of an estate in North Carolina but decide you no longer wish to take on that role, you can withdraw…
What information and documents should I provide during my initial call with a North Carolina probate attorney? 1. Detailed Answer When you call a North Carolina probate attorney for the first time, gathering key information and documents helps us evaluate your case. Probate begins when someone dies. The court must confirm a will and appoint…
Handling SBA and Other Creditor Claims in North Carolina Probate Detailed Answer When you serve as a personal representative in a North Carolina estate, you carry a duty to protect estate assets, notify creditors of the probate, review claims, and pay valid debts. This process ensures fair treatment of the decedent’s creditors—whether private lenders, medical…
