Category Archives: Probate Q&A Series

What steps should I take to sell estate property to pay off debts, and how do co-heir interests and attorney representations impact this process?

What Are My Options if a Co-Heir Wants to Sell My Inherited Property? Detailed Answer In North Carolina, when one co-heir expresses an eagerness to sell inherited property—perhaps to satisfy estate debts or secure a quick distribution—the other heirs have several options. Under North Carolina probate law, particularly in partition actions, each co-owner holds a…

Do I need a Maryland-based attorney for estate planning for my Maryland property, or can I use a North Carolina lawyer?

What Is the Difference Between a Will and a Trust in North Carolina Probate? A will and a trust serve different purposes in estate planning under North Carolina law. A will is a legal document that directs the distribution of your assets after death and names an executor to manage the estate during probate. Under…

What should I do if I suspect fraudulent documents and identity theft are affecting my inheritance during probate?

FAQ 1: What Should I Do If Someone Fraudulently Opens Probate Using My Identity in North Carolina? Answer In North Carolina, if you suspect that someone has fraudulently opened probate using your identity, you must act swiftly. When records indicate that an estate in a county like Pinda County has been opened with documents that…

Why is hourly billing often recommended over a flat fee for handling probate cases?

What Is the Difference Between Hourly Billing and Flat Fee Representation in Probate Cases in Wayne County, NC? Answer: Choosing the right fee structure for probate representation can be a challenging decision. In Wayne County, NC, cases are often handled on an hourly billing basis rather than a flat fee. With hourly billing, the client…

When is it necessary to open an estate in a partition case involving inherited properties, and how does the two-year rule affect this requirement?

What Is a Partition Action in North Carolina and How Does It Work? A partition action is a legal remedy available in North Carolina that allows co-owners of property to divide or force the sale of an inherited or jointly owned asset. In many cases, disputes arise among family members when one co-owner receives a…

What factors contribute to delays in probate cases involving multiple property petitions and extensive family tree verifications?

Why Does Probate Sometimes Take Longer Than Expected in North Carolina? Probate can extend well beyond the initial three- to six‑month estimate when complications arise. In North Carolina, probate delays often occur when multiple petitions are necessary, such as when there are two properties or several heirs. In one recent case in Heywood County, the…

Do I need to open separate probate accounts for myself and my brother, and how can I ensure that his cash distribution won’t adversely affect his benefits?

How Do I Set Up an Estate Account for Dispersing Probate Funds in North Carolina? The probate process in North Carolina requires that funds from a decedent’s estate be held in an estate or probate account until distribution. In many cases, the executor or personal representative is advised to open a dedicated bank account to…

Who should sign the state’s action cover sheet when I am not being represented by an attorney?

Who Should Sign the State’s Action Cover Sheet in North Carolina Probate? In North Carolina probate cases, the state’s action cover sheet must be properly executed in order to ensure your petition or application is accepted by the court. When the probate firm is not officially representing you throughout the process, you, as the applicant,…

Do I need an attorney to file a response to a surplus funds petition from a foreclosed property, or can I represent myself?

What Are Surplus Funds in a Foreclosure Case and How Do I Claim Them in Richmond County, NC? In Richmond County, if a property is foreclosed upon, any funds that exceed the amount owed become surplus funds. These funds are first transferred to the Clerk of Court’s office and, after a statutory holding period, may…

Should I establish a trust even if I have beneficiary designations in place to avoid probate?

What is the Difference Between a Living Trust and a Will in Avoiding Probate in North Carolina? A living trust transfers assets during your lifetime and after your death without the need for probate. A will, on the other hand, directs how your assets will be distributed after probate. In North Carolina, avoiding probate can…