How Can I Structure Attorney Fee Payment From Sale Proceeds in a North Carolina Partition Action? When heirs or co-owners agree to ask a North Carolina court for a forced sale (partition) of real property, they often want to defer payment of attorney’s fees until the sale closes. Under North Carolina law, you can request…
FAQ 1: What Is a Small Estate Affidavit, and How Can I Use It to Collect Personal Property in Avery County, NC? North Carolina law allows heirs or personal representatives to use a small estate affidavit when the total value of a decedent’s assets—excluding real estate—does not exceed $20,000. Under N.C. Gen. Stat. § 28A-19-1,…
How do I probate a lost or destroyed will when the original is missing in North Carolina? When the original of a decedent’s last will and testament is lost or destroyed, North Carolina law allows a beneficiary or potential personal representative to petition the clerk of superior court to probate a copy. Under N.C. Gen.…
FAQ 1: What Is a Small Estate Affidavit and When Can I Use It in Davie County, NC? In North Carolina, a Small Estate Affidavit provides a simplified probate option when a decedent’s assets are minimal. Under N.C. Gen. Stat. § 28A-19-3, if the total value of personal property subject to probate does not exceed…
What steps should I take if opposing counsel accuses me of violating a standstill order and seeks discovery of estate assets in a Scotland County probate? When a probate court issues a standstill order under N.C.G.S. § 28A-15-3.2, it bars any party from transferring, encumbering, or distributing estate assets without court approval. Yet the order…
What expenses must I itemize and report in my North Carolina guardianship accounting? As guardian of your spouse you must prepare and file an accounting that shows every dollar you receive and every dollar you spend on his behalf. North Carolina law requires the guardian to file a verified accounting annually and upon court order.…
FAQ: Can I Hand-Sign My Engagement Agreement and Mail a Check Instead of Using the Online E-Signature Platform? You can absolutely use “old school” methods to engage Pierce Law Group. If you prefer to print the engagement packet, execute it with pen and ink, and mail us a personal check, we welcome that. We’ll note…
How do I open probate for my sister’s intestate estate in Wake County, North Carolina? When someone dies without a will in North Carolina, the estate is “intestate” and the clerk of the superior court in the county where they lived handles administration. As the sole known full-blood sibling, you may petition Wake County Superior…
What is a Commissioner’s Sale in a North Carolina Partition Action and How Does the Upset Bid Process Work? When co-owners cannot agree on selling or dividing inherited real estate, a partition action under North Carolina law forces a sale or division. A court appoints a commissioner—an independent officer—to market and sell the property. After…
FAQ 1: How Do I Transfer a Mobile Home Affixed to Land and Other Vehicles After Probate in North Carolina? As the out‐of‐state executor named in your brother’s will, you must determine whether the mobile home is personal property or real property. In most North Carolina counties (we’ll use “Califac County” as an example), a…
