How can a co-owner obtain monetary compensation instead of receiving physical property? Detailed Answer In North Carolina, a co-owner who prefers cash rather than a slice of the land can use the state’s partition laws to be paid instead of taking physical property. North Carolina’s partition statute, found in Chapter 46A of the North Carolina…
North Carolina Surplus Funds: What Documentation Proves Ownership for a Claim? If a North Carolina foreclosure sale brings in more money than what was owed, the extra money is called “surplus funds.” To receive those funds, you must prove you are the person legally entitled to them. In short, you must show the Clerk of…
What documentation and appraisal process are needed to prove my car’s diminished value in North Carolina? To prove diminished value in North Carolina, you must show the vehicle’s fair market value immediately before the crash versus after proper repairs. You do that with strong documentation (police report, repair records, photos, market data) and a written…
North Carolina Diminished Value When You Don’t Own the Car Diminished value is the loss in your vehicle’s market value after a crash, even if repairs were done correctly. In North Carolina, you can usually pursue diminished value from the at‑fault driver’s insurance as part of your property damage claim because the legal measure of…
How to protect life insurance proceeds when there is no named beneficiary from creditor claims in estate administration (North Carolina) Short answer: If no beneficiary is named, most life insurance policies pay the proceeds to the insured’s estate. Once paid to the estate, those funds become probate assets and are generally available to pay estate…
What should I do if an heir refuses to return estate property and the estate is still open? Detailed Answer If the estate is still open and an heir will not return estate property, North Carolina law gives the personal representative (the court-appointed executor or administrator) clear authority to demand and recover that property. In…
Can I become the personal representative of my sister’s estate in North Carolina? Detailed Answer Yes—if you qualify under North Carolina law and the Clerk of Superior Court appoints you. In North Carolina, the personal representative is called an “executor” when named in a will and an “administrator” when there is no will. Appointment and…
Do wrongful death proceeds pass in accordance to the Decedent’s Last Will and Testament in North Carolina? Short Answer No. In North Carolina, wrongful death proceeds do not pass under the decedent’s Last Will and Testament. By statute, they are distributed to the decedent’s heirs as if the person died without a will (intestate). They…
North Carolina Probate: Options When an Estate Administrator Is Unresponsive or Refuses to Distribute Assets Detailed Answer If you are an heir or beneficiary in North Carolina and the estate’s personal representative (executor or administrator) will not communicate or refuses to distribute assets, you have several tools under North Carolina law to get the estate…
How to Apply to Be Appointed Personal Representative of a North Carolina Estate Short answer: File an application with the Clerk of Superior Court (Estates Division) in the county where your relative lived at death. If there is a will, you seek appointment as “Executor.” If there is no will, you seek appointment as “Administrator.”…
