Understanding Adult Guardianship in North Carolina When a parent develops dementia and can no longer manage personal care or financial affairs, you may need to seek adult guardianship under North Carolina law (Chapter 35A, Article 11). Guardianship gives a responsible person legal authority to make decisions on behalf of an incapacitated adult. This article explains…
How to Apply for and Use an Estate EIN in a North Carolina Probate Case Detailed Answer When someone passes away, the personal representative (formerly called executor) of the estate must manage financial affairs on behalf of heirs and creditors. One crucial step is obtaining an Employer Identification Number (EIN) for the estate. The estate…
What steps should a North Carolina personal representative take if estate funds are misappropriated at a real estate closing? Detailed Answer When estate funds disappear during a real estate closing, a personal representative must act quickly. North Carolina law holds fiduciaries to strict duties. You must protect the estate from further loss and seek recovery.…
Detailed Answer If you live outside North Carolina and need to become guardian of an adult relative who cannot make decisions for themselves, you can still petition the North Carolina court that has jurisdiction over the proposed ward’s residence. North Carolina law (Chapter 35A of the North Carolina General Statutes) sets out clear steps to…
What Happens to a Decedent’s Tenants in Common Property Share in North Carolina if They Die Without a Will? Detailed Answer In North Carolina, when someone owns real estate as tenants in common, each co-owner holds an independent share. Unlike joint tenancy, there is no right of survivorship. If a co-tenant dies without leaving a…
Detailed Answer When a court in North Carolina appoints a personal representative who lives outside the state, the representative must designate a resident process agent. This agent receives legal papers, such as subpoenas and motions, on the personal representative’s behalf. North Carolina courts do not allow out-of-state personal representatives to rely solely on mail or…
How can I find and claim uncollected life insurance benefits for a deceased parent in North Carolina? Detailed Answer Losing a parent is hard enough without worrying that life insurance proceeds might go unclaimed. In North Carolina, life insurance benefits that remain uncollected for five years after the policy matures or after the insured’s death…
What are my options to object to an improper personal representative appointment in a North Carolina probate case? Detailed Answer When someone applies to serve as a personal representative for an estate in North Carolina, the clerk of superior court evaluates their qualifications under N.C. Gen. Stat. §28A-6-2. You may believe the proposed representative lacks…
How to Access Life Insurance Proceeds for a Minor Beneficiary in North Carolina Probate Detailed Answer When a minor inherits life insurance proceeds in North Carolina, the insurance company cannot pay those funds directly to the child. State law requires that an adult take legal responsibility for managing the proceeds until the minor reaches the…
How does a receipt and refunding agreement accelerate interim estate distributions without court petitions in North Carolina? 1. Detailed Answer In North Carolina probate, a personal representative normally must wait to resolve creditor claims and meet statutory waiting periods before distributing estate assets. Under N.C. Gen. Stat. § 28A-15-10, a personal representative may make interim…
