Explore our informative articles, insights, and updates focused on North Carolina Estate Administration, Estate Planning, Partition Actions, and Surplus Fund cases. Our goal is to make these complex topics accessible, offering you guidance and understanding at each step of the legal process. Whether you’re looking to navigate probate administration, protect your assets through careful planning, understand partition actions, or resolve issues with surplus funds, our articles are designed to empower you with practical advice, legal insights, and actionable steps. Stay informed and feel confident as you make decisions about your estate and legal matters.
Do I need to be separated for a certain time before filing for divorce? – North Carolina Short Answer Under North Carolina law, most spouses must live in separate residences for at least one full year, with at least one spouse intending the separation to be permanent, before filing for an absolute divorce. One spouse…
How can I handle an insurance claim after a death if another relative is already talking to the insurer? – North Carolina Short Answer Under North Carolina law, only the estate’s court-appointed personal representative has legal authority to settle a wrongful death claim, even if another relative is already talking to the insurance company. Informal…
What records confirm a court-approved sale is complete, such as an order confirming sale, deed, or final accounting? – North Carolina Short Answer In a North Carolina partition special proceeding, a court-approved sale of real estate is generally confirmed and completed by three key records: (1) an order confirming the partition sale entered by the…
What happens if one co-owner will not sign a settlement to sell the property or refuses to agree on reimbursements? – North Carolina Short Answer Under North Carolina law, a co-owner cannot permanently block a sale just by refusing to sign a settlement. Any cotenant may ask the clerk of superior court for a partition,…
How can I hire a lawyer for an existing child custody case when I am listed as the defendant? – North Carolina Short Answer Under North Carolina law, a parent in an existing child custody case can retain an attorney at any stage of the case, whether listed as plaintiff or defendant. The key steps…
How do we locate and confirm title to family land that may have come through an old will and adoption, and protect my share? – North Carolina Short Answer Under North Carolina law, confirming title to family land starts with proving heirship and how the property passed, then tracing every deed, estate file, and court…
What is the practical difference between a revocable and an irrevocable trust for asset protection, and which makes sense for us? – North Carolina Short Answer Under North Carolina law, a standard revocable living trust is excellent for probate avoidance and management if someone becomes incapacitated, but it does not protect assets from long-term care…
Will correcting the death certificate affect probate, insurance claims, or benefits tied to marital status and residence? – North Carolina Short Answer Under North Carolina law, correcting a death certificate usually does not change whether a surviving spouse or other family members have probate rights, insurance claims, or benefit entitlements; those rights come from statutes,…
How is a home appraisal used in a real estate case my attorney is handling? – North Carolina Short Answer In a North Carolina real estate matter, a home appraisal is usually used as the primary evidence of the property’s fair market value. The attorney may rely on it to negotiate, decide whether to settle…
What steps do I take to get emergency guardianship or a protective order to keep them safe? – North Carolina Short Answer In North Carolina, emergency protection for a vulnerable adult usually happens in two tracks at the same time: (1) an emergency or interim guardianship case in the clerk of superior court, and (2)…
If probate isn’t finished, who can control or sell the property and how do I protect my child’s and grandchild’s shares? – North Carolina Short Answer Under North Carolina law, real estate can often be treated as belonging directly to the heirs even while probate is still open, so any co-owner (heir) may file a…
Can a beneficiary or family member serve as a witness to my will? – North Carolina Short Answer Under North Carolina law, a beneficiary or family member may serve as a witness to a will, but doing so can cause that person to lose what the will leaves to them unless there are at least…
How do I make my will self-proving so it is easier to accept later? – North Carolina Short Answer Under North Carolina law, a will becomes self-proving when the testator and the required witnesses sign sworn statements (affidavits) in front of a notary or other officer authorized to administer oaths, using the statutory self-proving form…
Do the witnesses need to watch me sign at the same time, or can they sign separately? – North Carolina Short Answer Under North Carolina law, the witnesses do not have to watch the will signing at the same time, and they do not have to sign in each other’s presence. The testator must sign…
North Carolina Estate Planning Lawyer Guide to the New Electronically Stored Will Short answer: A North Carolina estate planning lawyer can now help you keep a traditional written will in a secure electronic format, so it can be offered for probate later even if the original paper document is lost. If you want your wishes…
Do I need a notary in addition to witnesses to make my will valid? – North Carolina Short Answer Under North Carolina law, a typed (attested) will is valid if it is properly signed by the person making the will and witnessed by at least two competent witnesses; notarization is not required for validity. A…
What if a sibling opened an estate without listing me—can I be added, and how do I ensure I get notice and a full accounting? – North Carolina Short Answer Under North Carolina law, an omitted heir can ask the clerk of superior court to be formally recognized in an estate, to receive notices, and…
Do we need to open the main estate where my parent lived and then an ancillary estate in another state for real estate or oil-and-gas rights? – North Carolina Short Answer Under North Carolina law, the main (domiciliary) estate is normally opened in the state and county where the parent was living at death, and…
How can I remove an elderly family member from a harmful living situation if I believe they are under duress? – North Carolina Short Answer Under North Carolina law, removing an elderly adult from a harmful living situation usually happens through Adult Protective Services (APS) and/or a guardianship case in the county where the adult…
How quickly can a court act to protect a vulnerable adult, and what happens after temporary orders are granted? – North Carolina Short Answer Under North Carolina law, a court can act very quickly to protect a vulnerable or disabled adult. In serious emergencies, the court can issue an ex parte emergency protective order the…