Detailed Answer: Verifying the Scope of Your Probate Attorney’s Retainer When you hire a probate attorney in North Carolina, you usually sign a retainer agreement or engagement letter. This document defines what services the attorney will perform and how you’ll pay for them. To determine whether your retainer covers full probate administration or only limited…
What steps do I need to file and complete a partition action to sell co-owned real property in North Carolina? Detailed Answer When multiple owners hold real estate together and cannot agree on its use or sale, North Carolina law allows one or more co-owners to seek a court‐ordered partition. A partition action forces either…
How can I verify if an estate is open in North Carolina? Detailed Answer First, identify the county where the decedent lived at the time of death. Probate cases open in the county of residence. Each county’s Clerk of Superior Court handles estate records. Next, use the North Carolina Judicial Branch’s free online docket search.…
Do I have to pay probate attorney fees upfront in North Carolina and can I get reimbursed from the estate? 1. Detailed Answer When you open a probate estate in North Carolina, you appoint a personal representative to handle the deceased person’s assets. One of the representative’s duties is hiring an attorney to guide the…
How can I locate a will and initiate probate in North Carolina? Detailed Answer When a loved one dies, finding their last will and arranging probate can feel overwhelming. North Carolina law provides a clear process to help you locate a will and open an estate. Below, you’ll find straightforward guidance on where to look…
How can an heir in North Carolina stop foreclosure on an inherited home during probate? Detailed Answer When a loved one passes away leaving a home with an outstanding mortgage, heirs often worry the lender will move forward with foreclosure—even before probate closes. In North Carolina, heirs and personal representatives have tools under the General…
Detailed Answer Losing track of a deceased parent’s personal belongings can add stress during an already difficult time. North Carolina probate law provides clear procedures to recover estate assets held by third parties, including family members. First, determine whether someone has been appointed as personal representative (PR) for your parent’s estate. Under N.C. Gen. Stat.…
Under North Carolina law, can an executor unilaterally sell inherited real estate when the will directs the sale? 1. Detailed Answer Yes. In North Carolina, an executor may sell real estate if the will under which they serve expressly directs or authorizes that sale. The executor does not need to petition the clerk of court…
How can a North Carolina personal representative petition for surplus funds after a foreclosure sale during probate? 1. Detailed Answer When a mortgage lender forecloses on real property that belongs to an estate, the foreclosure sale may produce funds exceeding the debt, interest, and costs. North Carolina law treats these extra proceeds as surplus funds.…
How can a State of North Carolina surviving spouse claim an elective share and how does a standstill order pause estate distributions? 1. Detailed Answer Claiming an Elective Share Under North Carolina law, a surviving spouse may elect to take a fixed share of the deceased spouse’s estate instead of whatever the will provides. This…
