What Is the Difference Between a Will and a Trust in North Carolina Probate? A will and a trust serve different purposes in estate planning under North Carolina law. A will is a legal document that directs the distribution of your assets after death and names an executor to manage the estate during probate. Under…
FAQ 1: What Should I Do If Someone Fraudulently Opens Probate Using My Identity in North Carolina? Answer In North Carolina, if you suspect that someone has fraudulently opened probate using your identity, you must act swiftly. When records indicate that an estate in a county like Pinda County has been opened with documents that…
What Is the Difference Between Hourly Billing and Flat Fee Representation in Probate Cases in Wayne County, NC? Answer: Choosing the right fee structure for probate representation can be a challenging decision. In Wayne County, NC, cases are often handled on an hourly billing basis rather than a flat fee. With hourly billing, the client…
What Is a Partition Action in North Carolina and How Does It Work? A partition action is a legal remedy available in North Carolina that allows co-owners of property to divide or force the sale of an inherited or jointly owned asset. In many cases, disputes arise among family members when one co-owner receives a…
Why Does Probate Sometimes Take Longer Than Expected in North Carolina? Probate can extend well beyond the initial three- to six‑month estimate when complications arise. In North Carolina, probate delays often occur when multiple petitions are necessary, such as when there are two properties or several heirs. In one recent case in Heywood County, the…
How Do I Set Up an Estate Account for Dispersing Probate Funds in North Carolina? The probate process in North Carolina requires that funds from a decedent’s estate be held in an estate or probate account until distribution. In many cases, the executor or personal representative is advised to open a dedicated bank account to…
Who Should Sign the State’s Action Cover Sheet in North Carolina Probate? In North Carolina probate cases, the state’s action cover sheet must be properly executed in order to ensure your petition or application is accepted by the court. When the probate firm is not officially representing you throughout the process, you, as the applicant,…
What Are Surplus Funds in a Foreclosure Case and How Do I Claim Them in Richmond County, NC? In Richmond County, if a property is foreclosed upon, any funds that exceed the amount owed become surplus funds. These funds are first transferred to the Clerk of Court’s office and, after a statutory holding period, may…
What is the Difference Between a Living Trust and a Will in Avoiding Probate in North Carolina? A living trust transfers assets during your lifetime and after your death without the need for probate. A will, on the other hand, directs how your assets will be distributed after probate. In North Carolina, avoiding probate can…
Can I Request a Proper Appraisal for Inherited Real Property in North Carolina? In North Carolina, an appraisal of real property often is necessary to help determine the fair value of an inherited asset. When family members disagree about the appraisal value, questions may arise as to whether an executor or co-administrator is obligated to…
