1. How Do I Update My Mother’s Will, Trust, and Powers of Attorney in Wake County, NC? When your parent moves in with you and faces new health or financial challenges, you should review and update her estate-planning documents. In North Carolina, you must follow specific rules to amend or replace a will, modify a…
What Is the Judicial Sales Act Process for Selling Estate Real Property in North Carolina? When a personal representative cannot sell estate real property by private agreement, North Carolina’s Judicial Sales Act provides a court-supervised method to market and sell the property. Below is a step-by-step overview consistent with Wake County practice (check with your…
What’s the difference between a guardianship and a power of attorney in North Carolina, and when should I consider each for an heir with diminished capacity? In North Carolina, both guardianship and power of attorney (POA) let a trusted person help manage someone’s affairs. But they work very differently under state law. A guardianship permanently…
FAQ 1: How Do I Obtain Letters of Administration in Robinson County, NC to Stop Foreclosure on Inherited Property? If you inherit real estate in Robinson County and the mortgage lender won’t speak with you because you’re not the personal representative, you need to get “Letters of Administration.” These court-issued letters confirm your authority to…
1. How do I open and complete an intestate estate in Wake County when the decedent died without a will? When someone dies without a valid will in North Carolina, we call that an intestate estate. If you live in Wake County (or another North Carolina county), you must petition the clerk of superior court…
Q1: Does repaying erroneous distributions to an estate count as income for North Carolina estate tax purposes? When a personal representative mistakenly uses estate funds for non-estate purposes and later reimburses the account, you may wonder if that refund triggers a state income tax filing. Under North Carolina law, an estate only recognizes gross income…
What Steps Must I Take to Recover Surplus Funds After a Tax Foreclosure Sale in Ashe County, NC? If Ashe County sold your late mother’s property at a tax foreclosure auction, you may be entitled to surplus funds—the difference between the sale price and the total amount of taxes, interest, fees, and any junior liens.…
Who Pays the Commissioner’s and Attorney Fees in a North Carolina Partition Action? In North Carolina, a partition action lets co-owners force the division or sale of jointly held property when they cannot agree on use or disposition. Under N.C. Gen. Stat. § 46-11, the court first orders a commissioner to appraise or sell the…
How can I file for probate and obtain Letters of Administration in Stokes County when my co-executor lives out of state and won’t participate? Under North Carolina law, you don’t need both co-executors to sign the application for probate. G.S. 28A-6-2 defines “entitled” parties (the named executors), and G.S. 28A-6-21 allows one executor to apply…
What Happens at a Probate Reimbursement Hearing in Buncombe County, NC? A probate reimbursement hearing gives interested parties an opportunity to request payment of carrying costs and other expenses advanced on behalf of the estate. In Buncombe County, the clerk of superior court schedules this session after the personal representative (PR) files a notice of…
