Category Archives: Probate Q&A Series

How should I address unauthorized revisions and unclear communication from opposing counsel during the drafting of a consent order in a probate case?

How should I address unauthorized revisions and unclear communication from opposing counsel during the drafting of a consent order in a probate case? Detailed Answer When you draft a consent order in a probate matter, accuracy and clarity are critical. Unauthorized revisions by opposing counsel or vague emails can expose your client to unwanted terms…

What probate process should I follow to transfer North Carolina real property when I’m not a resident and only limited assets—like a long-held deed and will—are involved?

What probate process should I follow to transfer North Carolina real property when I’m not a resident and only limited assets—like a long-held deed and will—are involved? Detailed Answer When someone dies owning real estate in North Carolina but lives out of state, North Carolina law requires an ancillary probate proceeding for that property. Ancillary…

Can a verbal understanding regarding personal property be upheld in probate in North Carolina when the decedent did not leave a formal will?

Can a Verbal Understanding Regarding Personal Property Be Upheld in Probate in North Carolina When the Decedent Did Not Leave a Formal Will? 1. Detailed Answer In North Carolina, probate courts distribute a decedent’s assets according to a valid will or, if no will exists, under the state’s intestate succession laws. North Carolina law requires…

Elective Shares, Spousal Allowances, Dividing Marital Property, and Reopening Estates After Discovering Late Wills to Protect Spousal Rights and Assets in North Carolina

Elective Shares, Spousal Allowances, Dividing Marital Property, and Reopening Estates After Discovering Late Wills to Protect Spousal Rights and Assets in North Carolina One can protect a surviving spouse’s rights and assets in probate by using elective shares, spousal allowances, correct property division, and reopening estates when discovering a later will. Understanding these options early…

Consequences of Administrative Delays, Filing Errors, and Notification Failures in North Carolina

Consequences of Administrative Delays, Filing Errors, and Notification Failures Affecting Heirs, Creditors, and Property Sales 1. Detailed Answer When someone passes away, North Carolina law requires personal representatives to follow strict timelines and procedures. These include filing the will or petition, notifying heirs and creditors, and managing estate assets. Failure to meet these requirements can…

How Do I Transfer Inherited Property Into My Name When a Family Member Passes Without a Will in North Carolina?

How Do I Transfer Inherited Property Into My Name When a Family Member Passes Without a Will in North Carolina? Understanding the Transfer Process Under North Carolina Law When someone dies without a valid will (intestate) in North Carolina, state law determines who inherits the estate and how property passes into heirs’ names. You must…

Can I Prevent a Family Member From Becoming Administrator of an Estate?

Detailed Answer Under North Carolina law, when someone dies without a valid will or the named executor cannot serve, the clerk of superior court appoints an administrator to handle the estate. North Carolina General Statutes (N.C.G.S.) § 28A-3-2 establishes the order of priority for appointment. First preference goes to the surviving spouse, then to children,…

When Should Probate Administration Be Filed in North Carolina Versus Where Real Property Is Located?

Detailed Answer In North Carolina, you must file probate administration in the proper county to grant a personal representative authority over the decedent’s estate. North Carolina law provides clear rules on where to open an estate, whether the decedent left a will (testate estate) or did not leave a will (intestate estate). Testate Estates (Probate…

When is it necessary to open an ancillary probate estate in another state for handling property transfers?

When Is It Necessary to Open an Ancillary Probate Estate in Another State for Handling Property Transfers? 1. Detailed Answer Probate administration generally occurs in the state where the decedent lived at the time of death. However, when a decedent owns real property located outside that state, a separate or ancillary probate estate often becomes…

What legal options do I have to protect a relative with mental challenges in North Carolina from potential exploitation in property and contract matters?

What Legal Options Protect a Relative with Mental Challenges in North Carolina? 1. Detailed Answer When a family member faces diminished capacity due to mental challenges, North Carolina law offers tools to safeguard their property and contract rights. You can choose from less restrictive options like a durable power of attorney or revocable trust. If…