Filing a Partition Action When a Co-Owner Holds a Life Estate and Is Under Guardianship Detailed Answer In North Carolina, any tenant in common or joint owner may seek a judicial partition of real property under Chapter 46, Article 17 of the North Carolina General Statutes. A partition action divides real estate among co-owners or…
Must my living will or health care power of attorney be drafted by an attorney licensed in North Carolina? Detailed Answer In North Carolina, you do not need an attorney licensed in a specific county to draft your living will (advance directive) or health care power of attorney. State law treats these documents as valid…
What steps must a beneficiary follow to obtain sale proceeds held in trust during a North Carolina special proceeding? Detailed Answer When a personal representative sells estate property under North Carolina’s special proceeding, the sale proceeds go into the court registry until the clerk orders distribution. If you are a beneficiary, you must follow a…
Protecting Your Inheritance in North Carolina Detailed Answer When a loved one dies, certain assets pass directly to named beneficiaries without going through probate. Retirement accounts, life insurance policies and payable-on-death bank accounts fall into this category. North Carolina courts generally cannot alter these non-probate transfers—even if someone challenges the will. To shield these assets,…
What legal defects must I prove to contest a will in North Carolina when I’m specifically omitted as a beneficiary? 1. Detailed Answer When someone dies leaving a will that omits you as a beneficiary, North Carolina law allows you to challenge that will. To succeed, you must identify a legal defect in the document.…
What to Expect During Your Initial Call with a North Carolina Probate Attorney’s Office 1. Detailed Answer When you call a probate attorney’s office in North Carolina for the first time, the conversation usually follows a clear process. First, an intake specialist or administrative staff member will answer your questions about scheduling. They will ask…
What is an early distribution and how does a receipt and refunding agreement protect heirs in North Carolina probate? 1. Detailed Answer In North Carolina probate, an early distribution allows an heir to receive part of their inheritance before the executor or administrator completes the full administration of the estate. The court may authorize these…
How can I check if my grandmother’s North Carolina probate estate is open or closed? Understanding the Probate Process in North Carolina When a loved one passes away in North Carolina, their estate normally goes through probate. Probate is the legal process for validating a will, appointing an estate personal representative, paying debts, and distributing…
Does a long-separated spouse without a finalized divorce still inherit under North Carolina intestacy law? Detailed Answer Under North Carolina law, a person remains a legal spouse until the court issues a final divorce decree or annulment. Living apart—even for many years—does not end the marriage in the eyes of the law. As a result,…
What options do heirs have to resolve a co-owned inherited property dispute under North Carolina probate law? Understanding Your Options Under North Carolina Law When a decedent leaves real property to two or more heirs, disputes may arise over how to manage, divide, or sell that property. North Carolina probate and property law offer several…
