Why Did the Probate Court Advise Me to Speak with a Lawyer Instead of Answering My Questions? In North Carolina probate courts, court staff are required to follow strict guidelines regarding providing legal advice. When you asked questions regarding filling out forms and interpreting instructions, the court personnel explained they cannot offer guidance that might…
What Are Surplus Funds in a North Carolina Probate Case? Surplus funds arise when a foreclosed property sells for more than the amount owed on the mortgage, fees, and other expenses. In North Carolina, any funds remaining after the foreclosure sale must be claimed by the heirs or the estate. When a loved one passes…
What is a Partition Action in North Carolina and How Do I Navigate Its Complexities? A partition action resolves disputes when co-owners of inherited property cannot agree on how to divide or sell the property. In North Carolina, parties often file for partition to force the sale of estate land when disagreements arise. The process…
Can I Sell Inherited Real Estate Without All Co-Owners’ Consent in North Carolina? In North Carolina, when co-owners inherit real property, achieving the highest sale price usually requires the consent of all interested parties. If all parties agree, the property may be sold without involving the courts. However, if one party disputes the sale or…
What Should I Do If I Suspect Fraud or Inaccuracies in Estate Documents? In North Carolina probate matters, discrepancies or errors in estate documents raise serious concerns. If you review documents that appear to have missing information or even forged signatures, you should proceed with caution. In our recent call transcript, the client mentioned that…
What Is Probate and When Is It Necessary in North Carolina? Probate is the legal process used to validate a will or, in an intestate case, determine the heirs when a person passes away. In North Carolina, probate confirms the decedent’s wishes, settles debts and distributes assets in accordance with state law. Under North Carolina…
How Can I Contest a Will in North Carolina? Contesting a will in North Carolina requires careful review of the circumstances surrounding its execution and the mental capacity of the decedent. If you believe that a will was fraudulently executed or that the decedent lacked capacity due to conditions such as dementia – as can…
Do I Need to Open Probate for My Deceased Mother’s House in Charlotte, NC? If your mother’s home in Charlotte, Mecklenburg County, was solely in her name and no transfer on death deed exists, probate likely is necessary. Probate provides a formal process to determine asset distribution and offers protection for all heirs. In North…
How Can I Contest a Will in North Carolina When It Appears to Have Been Altered Under Questionable Circumstances? In North Carolina, contesting a will can be a challenging process, especially if you suspect that the document was altered under questionable circumstances. When a family member with power of attorney influences an estate plan, you…
What Is a Final Accounting in the North Carolina Probate Process? A final accounting is a comprehensive statement prepared by the personal representative in a probate case. In North Carolina, once all estate debts have been paid and assets gathered, this accounting details all receipts, disbursements, and distributions before the estate is closed. For instance,…
