What documentation do I need to provide for a surplus funds petition, such as deeds or obituaries? – North Carolina Short Answer In North Carolina, you petition the Clerk of Superior Court in the foreclosure case to release surplus funds. You must prove who is legally entitled to the money, document the property and sale,…
How can I set up a revocable trust to pass my assets directly to my daughter and reduce estate taxes? – North Carolina Short Answer In North Carolina, you can create and fund a revocable living trust to pass assets directly to your daughter and avoid probate for those assets. A revocable trust does not…
What powers of attorney and HIPAA authorizations should I include in my estate plan? – North Carolina Short Answer In North Carolina, include two core powers of attorney and a HIPAA release: (1) a durable financial power of attorney so a trusted person can manage money, taxes, and legal matters, and (2) a health care…
How does a revocable trust affect whether I must open probate in North Carolina? Short Answer In North Carolina, a revocable trust can avoid probate for assets that were properly retitled into the trust before death. You generally only need to open probate if there are assets solely in the decedent’s name (not in the…
Do I need letters testamentary to remove my spouse’s name from our jointly owned vehicle? – North Carolina Short Answer In North Carolina, you usually do not need letters testamentary if the car title shows joint ownership with a right of survivorship (often marked JTWROS); a certified death certificate is typically enough for DMV to…
What documents do I need to provide to the DMV or county court to transfer titles and deeds? – North Carolina Short Answer In North Carolina, what you provide depends on how each asset is titled. For a jointly owned vehicle with survivorship, the DMV typically accepts the original title and a certified death certificate;…
Can I avoid probate for our house held as tenancy by the entirety and just record a new deed? – North Carolina Short Answer Yes. In North Carolina, a home titled to spouses as tenants by the entirety passes to the surviving spouse automatically at death. You usually do not need probate or a new…
What is the process for serving co-owners in a partition action and how will they be notified? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding filed with the Clerk of Superior Court in the county where the land sits. After filing, the clerk issues a special proceeding summons…
How can I help my parents mediate their disagreement about splitting their properties in their estate plan? – North Carolina Short Answer In North Carolina, start with a neutral, confidential mediation to help your parents agree on a clear, written plan, then implement it with coordinated wills and/or a revocable trust that matches titles and…
What happens if my parents die without a clear agreement on which child gets which property? – North Carolina Short Answer In North Carolina, an oral or informal “agreement” among parents and children does not control who gets property. If a parent dies without a valid will or trust covering all assets, state intestacy rules…
