How do I determine if I’m entitled to any assets held in my late spouse’s trust, and what steps should I take if I don’t see my name explicitly listed as a beneficiary? 1. Detailed Answer When your spouse funded a trust before passing away, assets titled in the trust do not go through probate.…
What are my legal options when a co-heir is uncooperative in managing or selling inherited property? 1. Detailed Answer When you inherit real estate with one or more co-heirs in North Carolina, the property usually passes to you as tenants in common. Each co-owner holds an undivided interest. You have the right to possess, manage,…
How Does a Partition Action Work to Force the Sale of an Inherited Property When Co-Heirs Cannot Agree on Its Disposition? Detailed Answer When heirs inherit real property in North Carolina and cannot agree on how to manage or dispose of it, a partition action offers a legal remedy. Under Chapter 46 of the North…
What legal options do I have to secure my one-third share of a property in North Carolina when an estate is intestate and my siblings dispute my rights? Detailed Answer When someone dies without a will (intestate) in North Carolina, state law determines who inherits the decedent’s assets. Under N.C. Gen. Stat. § 29-14, if…
Why can’t the probate attorney representing the estate also represent me as an individual beneficiary? 1. Detailed Answer When a lawyer accepts an engagement to handle a decedent’s estate in North Carolina, that lawyer owes loyalty and confidentiality to the estate as a whole. The estate speaks through its personal representative. The attorney-client relationship exists…
Can I e-file exemplified copies for estate administration, or are hard copies required for certain documents? Detailed Answer North Carolina’s trial courts allow most probate filings through an approved electronic filing service under N.C. Gen. Stat. § 7A-109. You can e-file petitions for administration, inventories, accountings, motions and other routine papers via the statewide e-filing…
Do I Have to Involve My Brother in My Probate Process in North Carolina? Detailed Answer When someone dies in North Carolina, the probate process settles debts and distributes assets under Chapter 28A of the North Carolina General Statutes. You only involve family members, including your brother, when state law or the terms of a…
Can a Power of Attorney Draft or Execute a Will for a Loved One with Diminished Capacity? Detailed Answer Many families wonder whether an appointed agent under a power of attorney can step in and draft or sign a loved one’s will when capacity becomes a concern. North Carolina law draws a clear line: an…
How Can I Cancel a Scheduled Probate Hearing After Filing an Implied Renunciation in North Carolina? Detailed Answer When you file a petition to open probate or to qualify as personal representative in North Carolina, the clerk of superior court usually schedules a hearing. If you decide not to serve—whether by formally filing a written…
How Can I Obtain a Copy of an Estate File in North Carolina? Detailed Answer If you need a copy of an estate file in North Carolina, you will work with the Clerk of Superior Court in the county where the probate case opened. Probate files generally become public records once the personal representative (formerly…
