How does a surviving spouse file an elective share petition in North Carolina within six months? Detailed Answer Under North Carolina law, a surviving spouse may claim an elective share of the deceased spouse’s estate. This right protects spouses from being disinherited or receiving an unfairly small portion of assets. The elective share allows you…
When Should You Consider Filing for Guardianship of an Incapacitated Adult in North Carolina? 1. Detailed Answer In North Carolina, you may need to file for guardianship when an adult cannot manage personal, financial, or medical decisions due to mental or physical impairment. Under North Carolina law, an “incapacitated person” is someone whose ability to…
What initial steps must executors take to open probate of a will in North Carolina? Detailed Answer When someone named executor in a will seeks to probate that document in North Carolina, they must follow clear rules under Chapter 28A of the North Carolina General Statutes. Probate begins in the Clerk of Superior Court’s office…
Detailed Answer When two or more people co-own real property in North Carolina and cannot agree on its use or disposition, one owner may ask the court to force a sale or division through a partition action. Chapter 41, Subchapter I of the North Carolina General Statutes governs this process. Here is how you file…
How can I challenge an incompetency determination and regain guardianship of my parent in North Carolina? Detailed Answer In North Carolina, a court may appoint a guardian if it finds by clear and convincing evidence that an adult lacks the capacity to manage personal or financial affairs (N.C.G.S. §35A-1207). If you believe the court erred…
Under North Carolina Law, How Are Lapsed Gifts Handled When a Will’s Sole Beneficiary Predeceases the Testator Without an Alternate? Detailed Answer 1. What Is a Lapsed Gift? A gift in a will “lapses” when the person named to receive it (the beneficiary) dies before the testator. In that situation, the gift fails and the…
Can a holographic will override tenancy by the entirety to transfer half a State of North Carolina marital home? Detailed Answer In North Carolina, spouses who hold real property together typically own it as tenants by the entirety. Under this arrangement, each spouse owns the whole property as a single legal entity with a right…
What steps are required to open an intestate estate in North Carolina when someone dies without a will? When a person dies without a valid will in North Carolina, they die intestate. State law sets the rules for handling their estate. You must follow a series of steps under Chapter 28A of the North Carolina…
What Happens to Real Property When Someone Dies Without a Will in North Carolina? 1. Detailed Answer When a person dies without a valid will in North Carolina, the estate enters intestate succession under Chapter 29 of the North Carolina General Statutes. The court appoints an administrator—often a close family member—who gathers assets, pays debts…
How do I compel co-executors in North Carolina to file and probate a decedent’s will? Detailed Answer When a person dies leaving a valid will in North Carolina, the named executors must promptly file the original will with the clerk of superior court. Under N.C. Gen. Stat. § 28A-6-1, an executor has 30 days from…
