Is There a Conflict of Interest When an Attorney Drafts the Will and Administers the Estate? In North Carolina, it is not uncommon for an attorney to be involved both in the drafting of a will and later in the probate administration. This dual role does not automatically create a conflict of interest. The attorney’s…
What Is the Elective Share and How Is It Determined in North Carolina Probate Cases? The elective share is a protection provided to a surviving spouse allowing them to claim a portion of the decedent’s estate even when the will provides for less. In North Carolina, elective share rights are based on a calculation of…
How Are Contested Escrow Funds Handled in a Probate Case Involving a Non–North Carolina Resident? This question arises when escrow funds, deposited for a property purchase in North Carolina, become the subject of dispute after a decedent’s passing. Even though the funds are located in North Carolina, a decedent domiciled out‐of–state (for example, Arizona) may…
How Can I Recover Escrow Funds from a Failed Property Purchase in North Carolina? When a property purchase falls through and funds remain in escrow, it is essential to take timely steps to secure and recover those funds. In North Carolina, if the escrow funds were your father’s and intended to be returned to his…
What Can I Do If a Funeral Home Releases Ashes to the Wrong Person? In North Carolina, a situation in which a funeral home releases a deceased loved one’s ashes to an individual who is not legally entitled to them is extremely challenging. Although there is no single statute specifically addressing this misdelivery, the issue…
How Can I Remove a Deceased Family Member’s Name from a Vehicle Title in North Carolina? Removing a deceased family member’s name from a vehicle title in North Carolina requires a series of specific steps. Generally, the process begins by obtaining and submitting a certified death certificate. Once you have the required document, you must…
Do I Need to Notify My Co-Heir of Every Estate Transaction? In North Carolina probate matters, it is not always required to notify a co-heir about every single estate transaction. Instead, the law focuses on ensuring that material transactions—those affecting the overall estate value or the settlement of debts—are conducted with proper notice and fairness.…
What steps can I take if a family member is withholding the original will from probate? When a family member retains the original will, it can complicate the probate process. In North Carolina, it is essential that the original will be submitted to probate court so that the decedent’s intentions are honored. If a relative…
What happens if personal property is removed from the home during probate? In North Carolina probate cases, any personal property from a deceased person’s home must be documented in the estate inventory. Sometimes, family members may remove items before the inventory is complete – for instance, low-value clothing donated to charity or larger items like…
What Happens When Probate is Closed but Unresolved Estate Actions Remain? In North Carolina, once probate has been officially closed, many estate administrative duties are considered complete. However, occasional matters such as unresolved accounts, pending settlement actions, or other issues may continue to require attention. For example, if an estate continues to hold an account…
