What to Do if a Joint Owner Won’t Cooperate on Your North Carolina Property FAQ 1: Can I force a sale or buyout of a joint property when a co-owner won’t negotiate? When you hold real estate as joint tenants with survivorship in North Carolina, each owner generally has an equal one-half interest. If a…
How do I protect my interests and ensure proper administration in a North Carolina probate? FAQ 1: Can I charge rent or storage fees for an estate asset stored on my North Carolina property? When a loved one’s asset—such as an RV or vehicle—remains on your land during probate, you may incur upkeep, storage or…
How do I handle intestate probate and administrator appointment in Durham County, NC? What are the steps for administering an estate without a will in North Carolina? When someone dies without a will in Durham County, NC, courts follow the state’s intestate succession rules under N.C.G.S. § 28A-6-1. The process begins by filing a Petition…
Frequently Asked Questions: Out-of-State Administration and Resident Process Agents in Mecklenburg County Probate 1. How Do I File for Appointment as Administrator in Mecklenburg County When I Live Out of State? When a close family member dies without a will in North Carolina, someone must serve as estate administrator. North Carolina law (N.C. Gen. Stat.…
FAQ 1: What is the creditor claim period in North Carolina probate and how does it affect selling estate property? When someone dies with assets in North Carolina, the personal representative (also called an administrator) must notify potential creditors that an estate administration has begun. Under N.C. Gen. Stat. § 28A-15-1, the clerk of superior…
Frequently Asked Questions: Selling Inherited Property & Managing Creditors in North Carolina Probate 1. How can I sell inherited real estate as a North Carolina estate administrator? When you serve as administrator, you hold legal custody of estate assets even if title initially vests in a beneficiary. Under North Carolina General Statute § 28A-15-1, you…
Frequently Asked Questions on Recovering Ashes and Out-of-State Probate Can I regain possession of a loved one’s ashes if someone refuses to release them? Under North Carolina law, human cremated remains count as personal property. The right to control disposition follows a set priority. First, the decedent’s spouse—but if no spouse exists, adult children share…
Frequently Asked Questions: Resolving Co-Owner Property Disputes in North Carolina 1. What legal options exist when co-owners disagree on selling property? When two or more people own land together in North Carolina, disagreements can arise if one co-owner wants to sell and another wants to keep the property. You typically have three paths to resolve…
Can an Out-of-State Attorney Act as Executor in North Carolina Probate? North Carolina allows a nonresident to serve as an estate’s executor. However, an out-of-state attorney cannot file probate pleadings or appear in court here unless they comply with local practice rules. Moore County (where Pinehurst sits) and other county clerks uniformly require one of…
How do I navigate NC probate and transfer my parents’ assets after their deaths? 1. Qualifying as Estate Administrator and Accessing Joint Bank Accounts If your father held assets jointly with your mother and she predeceased him, North Carolina law treats those accounts differently depending on the right of survivorship. Under NCGS § 31A-3, funds…
