How do I transfer my father’s LLC business interests out of the estate into my own name without jeopardizing a refinancing arrangement or incurring adverse tax consequences?

Probate Q&A Series

How Can I Negotiate or Dispute Legal Fees When No Formal Fee Agreement Exists? How Can I Negotiate or Dispute Legal Fees When No Formal Fee Agreement Exists? In probate administration, clear communication about attorney fees is essential. When you did not sign a formal fee or retainer agreement, any invoice that later appears for…

How can I legally establish my parentage for probate purposes when faced with conflicting birth certificate records and contested DNA evidence?

Probate Q&A Series

How Can I Prove My Relationship Using Birth Certificates and DNA Testing in North Carolina Probate Matters? How Can I Prove My Relationship Using Birth Certificates and DNA Testing in North Carolina Probate Matters? In North Carolina probate matters, establishing your familial relationship as a daughter can be crucial. A birth certificate is usually given…

What probate process should I follow to transfer North Carolina real property when I’m not a resident and only limited assets—like a long-held deed and will—are involved?

Probate Q&A Series

Do I Need to Open Probate if the Only Asset is North Carolina Land? In North Carolina, even if the sole asset is real property such as land, probate is typically necessary when a valid will exists. A probate proceeding ensures that the decedent’s wishes are followed and that title transfers are legally recorded. For…

How should I address unauthorized revisions and unclear communication from opposing counsel during the drafting of a consent order in a probate case?

Probate Q&A Series

How Do Appraiser Appointment Delays Impact Probate Hearings in North Carolina? In North Carolina probate cases, the appointment of appraisers plays a critical role in determining the fair market value of real property. When delays occur in appointing appraisers, as seen in some recent cases, it can affect the progress of probate hearings. Courts expect…

How is the classification of a mobile home—as real estate or personal property—determined in a probate partition sale?

Probate Q&A Series

What Should I Do If I’ve Been Appointed as the Probate Commissioner But Haven’t Filed an Acceptance? In North Carolina probate matters, an appointment as a probate commissioner usually requires formal acceptance in writing. If you have been named in a partition or similar probate action but never filed your acceptance of appointment, it is…