How can a personal representative confirm that a probate proceeding has concluded and a trust has been properly funded?

How can a personal representative confirm that a probate proceeding has concluded and a trust has been properly funded? Detailed Answer In North Carolina, a probate estate is not truly “finished” until the Clerk of Superior Court approves the final account and formally discharges the personal representative. If the decedent’s plan included a revocable living…

Which financial powers can be granted through a power of attorney during incarceration?: North Carolina Estate Planning

Which Financial Powers Can Be Granted Through a Power of Attorney During Incarceration? (North Carolina) Detailed Answer In North Carolina, someone who is incarcerated can sign a financial Power of Attorney (POA) if they understand what they are signing and the document is properly notarized. A North Carolina POA is generally “durable,” meaning it stays…

What records are needed to show asset transfers under small estate procedures?

What records are needed to show asset transfers under small estate procedures in North Carolina? Short answer: keep a complete paper trail. In North Carolina, small estate transfers are usually handled through “Collection by Affidavit” or “Summary Administration” for a surviving spouse. To prove what you collected, paid, and distributed, you should maintain the filed…

How do I value collectibles like pokemon cards when preparing my estate paperwork?: North Carolina Probate

How do I value collectibles like Pokémon cards when preparing my estate paperwork? (North Carolina) Detailed Answer In North Carolina probate, you must list and value the decedent’s personal property on the estate Inventory (AOC-E-505). The law requires the personal representative to file a verified inventory showing the assets and their fair market value as…

What are the legal requirements and process for transferring a decedent’s firearms during probate?: North Carolina

What are the legal requirements and process for transferring a decedent’s firearms during probate? In North Carolina probate, firearms are personal property. The personal representative (executor or administrator) must secure, inventory, and distribute them according to the will or, if there is no will, under intestacy—while following both North Carolina and federal firearms laws. Below…

How is property divided in an actual partition of real property when some acres are better than others?

North Carolina Actual Partition: How Do Courts Divide Land When Some Acres Are Better Than Others? Detailed Answer In North Carolina, an “actual partition” is a court-supervised process that physically divides co-owned real estate into separate tracts so each co-owner receives a share. The governing law is in Chapter 46A of the North Carolina General…

How can a co-owner obtain monetary compensation instead of receiving physical property?: North Carolina Partition Actions

How can a co-owner obtain monetary compensation instead of receiving physical property? Detailed Answer In North Carolina, a co-owner who prefers cash rather than a slice of the land can use the state’s partition laws to be paid instead of taking physical property. North Carolina’s partition statute, found in Chapter 46A of the North Carolina…