How Can I Update the Title on a Property Inherited from a Spouse Who Died Without a Will? Under North Carolina law, when a spouse dies without a will, the surviving spouse automatically inherits an interest in the decedent’s real property. In many cases, even if the property deed is solely in the deceased spouse’s…
Can a Family Member Remove Estate Property Without Legal Authority? Detailed Answer In North Carolina probate administration, all assets belonging to an estate remain under court supervision until they are properly inventoried and distributed. A family member does not have the legal right to remove or dispose of property without the authority of the probate…
How Do I Amend a Probate Petition to Add Additional Parties? When a probate petition needs to be amended to include an additional party, a clear process must be followed under North Carolina law. In many cases, evidence—such as a marriage license or affidavit—is required to demonstrate that the person should be included as a…
What Does Tenancy by the Entirety Mean in North Carolina? In North Carolina, when a married couple purchases property and holds title as tenants by the entirety, both spouses share an equal and undivided interest. Under this form of ownership, if one spouse dies, the surviving spouse automatically receives full ownership of the property. This…
FAQ 1: Can I Contest a Will That Excludes Biological Children? In North Carolina, a will is typically a private expression of the testator’s wishes. However, family members may contest a will if they believe the document does not accurately reflect the decedent’s intentions. For example, if a will excludes biological children and favors stepchildren,…
How Can I Update the Court on My Probate Case After a Partition Order in Northampton County? After a probate hearing in Northampton County, it is crucial to keep the court informed of any changes or issues that arise after a partition order has been issued. When problems—such as discrepancies discovered during a title search…
How Do I Determine if a Decedent’s Will Has Been Filed or Probated? Determining whether a will has been activated and an estate has been opened is a key first step in probate administration. In many cases, if a decedent resided in a particular county—such as New York in our example—the probate process will be…
Can I Secure Liability Insurance as a Power of Attorney in North Carolina? Acting as a power of attorney (POA) in North Carolina may expose you to personal liability if challenges arise regarding your fiduciary actions. Although there is no mandatory requirement under North Carolina law (see NC General Statutes for further legal reference), some…
What Is an Elective Share in North Carolina Probate Cases? In North Carolina, the surviving spouse is entitled to claim an elective share when a will does not fully provide for them. If you were married for less than five years—as illustrated in many cases from counties like Pasquotank—you generally have a claim to 15%…
Can My Mother Add Someone Else’s Name to Our Jointly Owned Property Deed in Iredell County? In North Carolina, if you and your mother hold title as joint tenants with right of survivorship, each of you has an equal ownership interest in the property. This means that your mother maintains the legal capacity to change…
