How Are Medical Bills Calculated During Settlement Negotiations? In personal injury cases, calculating medical bills forms an important part of the settlement process. In North Carolina, it is common for attorneys to use established fee guidelines – such as applying 200% of the Medicare rate – as a fair measure of your medical expenses. This…
What Should I Do When There Are Delays in Appraising Estate Assets? Probate cases often require prompt appointment of appraisers to determine the fair market value of estate assets. In North Carolina, delays may occur when there is miscommunication among attorneys or when new information emerges. As discussed in our transcript, there was concern over…
What legal steps can I take if a family member with mental health issues appears to be exploited in property transactions? In North Carolina, when a family member appears vulnerable due to mental health challenges and may be exploited in a property transaction, several legal steps can be taken. If you suspect that a person…
Do I Need to Open an Ancillary Probate Estate in South Carolina for a Property Located There? If the deceased was a resident of North Carolina and a will was filed in Buncombe County, you might not have needed a full probate there. However, if real property resides in South Carolina – for example, in…
Where Should Ancillary Probate be Opened When an Estate Involves Multiple States? When a decedent resided in North Carolina and owned a partial interest in out‐of-state property (such as in South Carolina), determining where to open probate can be challenging. In North Carolina, the probate process generally applies to assets located within the state. However,…
How Does Owning South Carolina Property Impact a North Carolina Probate Estate? When a decedent resided in North Carolina yet owned real property in South Carolina, you may face the need for an ancillary probate proceeding in the state where the property is located. In North Carolina, the probate process usually administers the majority of…
What Is Ancillary Probate and When Is It Necessary? Ancillary probate becomes relevant when a deceased person’s assets span multiple states. In North Carolina, when a decedent’s primary probate case is opened locally—for example, in Buncombe County—but there are out‐of-state assets, an ancillary probate proceeding may be required to legally transfer or distribute those assets.…
What Is Involved in Reopening a Probate Case in North Carolina? Reopening a probate case can help address issues that were missed or require additional review. In North Carolina, this process involves filing a petition with the probate court in your county – for example, Wake County – and providing compelling evidence why the case…
What Are the Duties and Responsibilities of an Executor and Trustee in a Family Trust? In North Carolina, an individual appointed as an executor and trustee must follow a strict fiduciary duty. Their primary obligations include managing the decedent’s estate, safeguarding assets, paying debts, and ensuring that the terms of the will or trust are…
How Do I Ensure I Receive All Probate Correspondence? In North Carolina, keeping track of incoming probate correspondence is crucial to ensure that all updates and changes related to your estate are received promptly. When important documents or emails don’t arrive, it may delay the progress of your probate case. It is important to confirm…
