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…
How Selling an Estate Property Affects Inheritance and the Order of Debt Payments in North Carolina Detailed Answer When a person dies, their assets—real estate included—pass into an estate. The personal representative (sometimes called an executor) inventories all assets and notifies creditors. If the estate lacks sufficient cash to pay debts and expenses, the representative…
How do I recover excess property tax payments I made on co-owned inherited real estate in North Carolina? Detailed Answer In North Carolina, property taxes on inherited real estate become an expense of the estate while administration remains open. You can recover excess payments by first seeking reimbursement from the estate’s personal representative. If the…
How do I find and select an attorney to draft a will and trust in North Carolina? Answer Planning your estate by creating a will and trust provides peace of mind. In North Carolina, properly drafted documents meet legal requirements under Chapter 31 of the North Carolina General Statutes (wills) and the Uniform Trust Code…
How does funding a revocable living trust before death affect probate in North Carolina? Detailed Answer A revocable living trust lets you hold assets under a trustee’s name during your lifetime. You control those assets and can change or revoke the trust at any time. Funding the trust means retitling property—real estate, bank accounts, investment…
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…
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…
