How Can I Manage a Probate Estate Involving a Business and Real Property in North Carolina? When a sibling inherits both a business and real estate through probate, North Carolina law provides several options. In cases where the estate includes a sole proprietorship, the process may require closing the existing business and forming a new…
What Is a Motion to Dismiss in a Partition Action in North Carolina? A motion to dismiss in a partition action is a procedural request made to the court to strike a particular claim or prayer for relief from the opposing party’s petition. In North Carolina probate proceedings dealing with inherited property, a motion to…
What Is a Year’s Allowance in North Carolina Probate? A year’s allowance, sometimes called a spousal allowance, is a legal mechanism in North Carolina probate law that preserves a prescribed amount of the deceased’s personal property exclusively for the surviving spouse. When a petition and assignment of a year’s allowance is filed with the court,…
What Should I Do If I Cannot Locate a Will in Brunswick County, NC? When a family member’s will cannot be found, especially in Brunswick County or nearby Calabash, North Carolina, it is important to proceed methodically. Begin by recalling any verbal confirmations or documentation that indicated the existence of a will. Verify with trusted…
What Is Intestate Probate Administration in North Carolina and How Does It Work? When a loved one dies without a will, North Carolina law calls this situation “intestacy.” Intestate probate administration is the court-supervised process to distribute the decedent’s property among heirs according to state law. In families like those in Guilford County and Greensboro,…
How Does Joint Ownership Affect Property Transfer When a Spouse Passes Away in North Carolina? In North Carolina, when a property is jointly owned by spouses—as was the case when Tina and Amos purchased the property—the manner in which the title is held significantly affects its transfer on death. Typically, property titled as “joint tenants…
What Happens If the Estate Doesn’t Have Enough Assets to Cover All Debts, Such as Credit Card Claims? In North Carolina, when an estate does not have enough liquid assets to pay all creditor claims, the probate process requires that secured assets – including real property – be used to satisfy outstanding debts. For example,…
How Do I Get My Deceased Parent’s Retirement Benefits Certified When I Live Out of North Carolina? If you have received notification to certify retirement benefits for a deceased parent who served as a police officer in North Carolina, you may need to initiate a probate process. Even if your parent’s estate did not have…
How Can I Be Appointed as the Administrator of an Estate in North Carolina? In North Carolina, a person may be appointed as the estate administrator when there is no will or when an executor is not available. During the appointment process, the court reviews a petition and supporting documents that demonstrate your ability to…
Can a Non-Family Member or Unrelated Person Open Probate in North Carolina? North Carolina law gives priority to certain family members when opening an estate. Although anyone with an interest may file for probate after the required waiting period, statutory priorities favor the surviving spouse and immediate family. Under North Carolina General Statutes Chapter 28…
