How Does an Incomplete or Missing Marriage Certificate Affect a Surviving Spouse’s Year’s Allowance Claim in North Carolina?

How an Incomplete or Missing Marriage Certificate Impacts a Surviving Spouse’s Year’s Allowance in North Carolina Detailed Answer North Carolina law grants a surviving spouse an automatic right to a Year’s Allowance of up to $60,000 from the personal property of the deceased (N.C. Gen. Stat. § 30-15). To receive that allowance the spouse files a…

What options exist for establishing authority over an elderly heir’s personal and financial decisions, such as power of attorney or guardianship?

Detailed Answer—North Carolina Tools for Helping an Elderly Heir North Carolina offers several legal mechanisms that let a trusted person step in when an elderly heir can no longer manage day-to-day affairs. The main options are: 1. Durable Power of Attorney (Financial) What it is: A written document in which the elderly person (the principal)…

How Can a Guardian or Guardian ad Litem Be Appointed to Manage a Minor’s Interest in an Estate in North Carolina?

Detailed Answer In North Carolina, a minor (anyone under 18) cannot legally manage property received from an estate. If a will, intestate succession, life-insurance payout, or wrongful-death settlement leaves money or real estate to a child, the Clerk of Superior Court must appoint someone to safeguard those assets. Two common appointments are: Guardian of the…

What mechanisms ensure the administrator complies with estate duties and bond requirements in North Carolina?

Detailed Answer: How North Carolina Keeps Estate Administrators Accountable In North Carolina, several overlapping safeguards make sure an estate administrator (also called a personal representative) carries out duties properly and maintains the court-ordered bond. 1. Clerk of Superior Court Oversight The Clerk of Superior Court in the county where the estate is opened acts as…

Can a Co-Owner Be Ordered to Vacate Shared Property Through a Partition Action in North Carolina?

Can a Co-Owner Be Ordered to Vacate Shared Property Through a Partition Action in North Carolina? Detailed Answer North Carolina treats co-owners (also called “tenants in common”) as having an equal, undivided right to possess the whole property. Because of that right, one co-owner cannot usually force another co-owner out by simply asking the sheriff…