Category Archives: Probate Q&A Series

How do I initiate a guardianship petition—including obtaining a multidisciplinary evaluation—to protect an elderly family member from cognitive decline and potential financial exploitation?

How to Initiate a Guardianship Petition to Protect an Elderly Family Member in North Carolina 1. Detailed Answer When an elderly loved one experiences significant cognitive decline or faces potential financial exploitation, North Carolina law allows concerned family members to petition the court for guardianship. The process begins by filing a petition in the superior…

How can I ensure I speak directly with the attorney who will handle my probate case?

How can I ensure I speak directly with the attorney who will handle my probate case? Detailed Answer When you begin a probate matter in North Carolina, you deserve clear, direct communication with the attorney assigned to your case. The probate process involves submitting a will to the clerk of court, inventorying assets, paying debts…

How can I legally establish my parentage for probate purposes when faced with conflicting birth certificate records and contested DNA evidence?

How to Legally Establish Parentage for Probate in North Carolina Detailed Answer When you inherit from an estate in North Carolina, the clerk or judge must know who counts as an heir. Conflicting birth certificates or disputed DNA tests can complicate this. North Carolina law gives you two main paths: present evidence directly to the…

How do I file a special proceedings case to claim surplus funds from an estate auction in North Carolina?

How do I file a special proceedings case to claim surplus funds from an estate auction in North Carolina? Detailed Answer When an estate auction produces more money than needed to pay creditors and distribute assets, the clerk holds the excess funds. You can recover those surplus funds by filing a special proceeding under North…

How do I obtain detailed documentation for each wage and hour claim associated with a probate estate?

How do I obtain detailed documentation for each wage and hour claim associated with a probate estate? 1. Detailed Answer When you administer an estate in North Carolina, you must gather all claims against the estate—including any wage and hour claims brought by former employees or contractors of the decedent. Detailed documentation proves the existence…

How will the new petition process prevent issues with duplicate signatures and double reimbursement claims?

How will the new petition process prevent issues with duplicate signatures and double reimbursement claims? Detailed Answer North Carolina revamped its probate petition process to guard against duplicate signatures and double reimbursement claims. Petitioners now file through a centralized electronic system. Each submission receives a unique petition ID. The system records the time and date…

How do I file a claim against an estate in probate court in North Carolina?

Answer: Filing a Claim Against an Estate in Probate Court When someone passes away in North Carolina, their debts and obligations do not simply disappear. Creditors and other claimants must follow specific steps to seek payment from the decedent’s estate. North Carolina law provides clear rules on how and when you may file those claims.…

What steps should I take if a mobile home in a probate sale in North Carolina has an unclear status regarding whether it’s fixed to the land?

What steps should I take if a mobile home in a probate sale in North Carolina has an unclear status regarding whether it’s fixed to the land? Detailed Answer In North Carolina probate sales, you must determine whether a mobile home counts as real property or personal property. This classification affects how you transfer title,…

What legal options are available for modifying my parent’s healthcare power of attorney or establishing guardianship when their care needs urgently change due to dementia?

Legal Options for Modifying Healthcare Power of Attorney or Establishing Guardianship in North Carolina Detailed Answer When a parent’s dementia progresses rapidly, families must act quickly to ensure medical decisions remain in responsible hands. North Carolina law provides two main routes: modifying an existing health care power of attorney if your parent still has capacity,…

How do I use the E-Courts portal to access and manage court documents for probate filings?

How to Use the E-Courts Portal to Access and Manage Court Documents for Probate Filings Detailed Answer North Carolina’s E-Courts portal lets you view, download, and manage probate case documents online. You can track filing dates, monitor docket activity, and retrieve orders without a trip to the clerk’s office. 1. Create and Confirm Your Account…