Does a missing or unsigned prenuptial agreement affect the will’s life estate terms? – North Carolina Short Answer No. Under North Carolina law, a prenuptial agreement must be in writing and signed to affect spousal rights. If there is no valid, signed agreement, the will’s life estate terms control unless the surviving spouse timely files…
Can an executor waive commissions while also taking lump-sum sale proceeds? – North Carolina Short Answer Yes. In North Carolina, an executor may waive a commission. But sale proceeds are not the executor’s money to take. Proceeds must be deposited into the estate (or paid out as the court orders) and distributed under the will…
How long does probate usually take if the estate includes rental properties in an LLC? – North Carolina Short Answer In North Carolina, most full probate estates take 9–18 months, and estates with business interests like an LLC often land toward the longer end. You must first qualify as administrator, publish and mail notices to…
Can I get early distributions from the estate to cover expenses before the final distribution? – North Carolina Short Answer Yes, in North Carolina you can receive certain funds before final distribution, but only after you’re lawfully appointed and after paying or reserving for costs, taxes, and valid claims. The fastest option for a surviving…
How do I address false allegations of harassment in a dispute with a joint owner of my car? – North Carolina Short Answer In North Carolina, co-owners who cannot agree about a jointly titled car can file a partition special proceeding with the Clerk of Superior Court. The clerk can divide the property interests or,…
What steps should I take after receiving a demand letter with incorrect buyout figures for our shared vehicle? – North Carolina Short Answer In North Carolina, co-owners of a vehicle can negotiate a buyout, but it should be based on fair market value and accurate payoff or lien information. If the demand letter’s numbers are…
Can I recover an overpayment from an insurer after they settled subrogation in error? – North Carolina Short Answer Yes—under North Carolina law, money paid and accepted by mistake can usually be recovered from the payee through a restitution or unjust enrichment claim. But a mistaken subrogation payment does not create insurance coverage for injuries…
Can I use the decedent’s cars or bank account funds to pay estate debts and keep the house from being sold? – North Carolina Short Answer Yes. In North Carolina, the personal representative (executor or administrator) uses the estate’s personal property—like vehicles and bank accounts—to pay valid expenses and creditor claims before asking the court…
Can an LLC formed by some heirs without our consent affect our right to partition inherited land? – North Carolina Short Answer In North Carolina, an LLC created by some heirs does not take away your right to seek partition. If those heirs deeded their shares to the LLC, the LLC becomes a co-owner that…
How can I challenge deeds recorded after the estate closed that may cloud our title? – North Carolina Short Answer In North Carolina, you typically clear post-estate deeds that cloud title by filing a Superior Court action to quiet title and cancel the instruments, joining every person or entity claiming an interest, and recording a…
