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…
Detailed Answer Under North Carolina law, intestate succession applies when someone dies without a valid will. The law defines “children” to include biological children and those legally adopted. It does not include stepchildren who have not undergone a formal adoption process. As a result, a stepchild stands in the same position as other nonrelatives by…
What Evidence Should a Spouse Gather to Prove No Abandonment and Protect Spousal Allowance under North Carolina Probate Law? Detailed Answer Under North Carolina law, a surviving spouse may receive a statutory allowance for support during probate. North Carolina General Statutes §30-15.2(d) requires that the spouse not have deserted or abandoned the decedent within one…
How do I compel an executor to file a will in North Carolina if they refuse to disclose it? Detailed Answer Under North Carolina law, any person holding an original will must deliver it to the clerk of superior court in the county where the decedent lived. North Carolina General Statute § 28A-2-2 requires prompt…
What initial steps and filings are required to open a probate estate in North Carolina? 1. Detailed Answer When someone passes away in North Carolina, you must open a probate estate to transfer assets, pay debts, and distribute property. You start by determining whether the decedent left a valid will. If there is a will,…
How does tenancy by the entirety in North Carolina avoid probate and impact heirs’ inheritance rights? Detailed Answer Tenancy by the entirety is a special form of joint ownership available only to married couples under North Carolina law. When a married couple holds real estate or other property as tenants by the entirety, each spouse…
What remedies do beneficiaries have in North Carolina if an estate administrator mismanages assets or ignores statutory duties? Detailed Answer When an estate administrator mismanages assets or ignores duties, beneficiaries have several legal tools under North Carolina law to protect their interests. First, beneficiaries can demand that the administrator render a full accounting of all…
