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.
What steps are required to establish a special needs trust? – North Carolina Short Answer In North Carolina, you establish a special needs trust by choosing the right trust type (third‑party, first‑party, or pooled), drafting a compliant trust agreement with discretionary and spendthrift provisions, naming a qualified trustee, and funding it correctly (for example, by…
What documents do I need to appoint someone to make medical and financial decisions if I become incapacitated? – North Carolina Short Answer In North Carolina, you appoint decision-makers with two core documents: a Health Care Power of Attorney (to handle medical decisions) and a Durable Financial Power of Attorney (to handle money, property, and…
What steps do I take if the named executor refuses to renounce or sign probate paperwork? – North Carolina Short Answer In North Carolina, if a named executor will not qualify or renounce within 30 days after the will is probated, you can ask the Clerk of Superior Court to deem that executor to have…
Can I set up a trust to manage assets for my minor child and stepchild until they reach adulthood? – North Carolina Short Answer Yes. Under North Carolina law, you can create a revocable living trust or a trust under your will to hold assets for a minor child and a stepchild and control when…
How do I challenge a fraudulent deed showing the ex-partner as co-owner of estate land? – North Carolina Short Answer In North Carolina, you typically open the estate and obtain Letters from the Clerk of Superior Court, then file a civil action in Superior Court to set aside the fraudulent deed and quiet title. You…
Can I open a simple estate if the decedent left no other assets? – North Carolina Short Answer Yes. In North Carolina you can open an estate limited to pursuing and receiving wrongful death proceeds even if the decedent had no other assets. A personal representative must be appointed to settle the claim, but because…
Can I be named my partner’s power of attorney or trustee to prevent him being moved out of his home? – North Carolina Short Answer In North Carolina, only the person (the principal/settlor) with legal capacity can name someone as power of attorney or change who serves as trustee. A partner cannot self-appoint. If your…
How can I create a will and trust that cover both my primary home and beach house? – North Carolina Short Answer In North Carolina, the cleanest way to cover both homes is to sign a valid will and a revocable living trust, then retitle each property into the trust by recording a deed to…
What steps are needed to distribute a settlement to me as the sole beneficiary? – North Carolina Short Answer In North Carolina, a wrongful death settlement must flow through a court‑appointed personal representative, not directly to you. The representative settles the claim, pays allowed expenses and any required liens, and then distributes the balance to…
How can I protect my rights under my partner’s living trust when their child is trying to take control? – North Carolina Short Answer In North Carolina, you can move quickly in court to protect a beneficiary interest and the shared home by filing: (1) a trust proceeding before the Clerk of Superior Court to…
How can I open an estate in my North Carolina county just to collect my late parent’s car accident settlement? – North Carolina Short Answer In North Carolina, you open an estate with the Clerk of Superior Court in the county where your parent lived at death and qualify as the personal representative (administrator or…
How do I ensure I can remain in the shared home under the terms of the living trust? – North Carolina Short Answer In North Carolina, your ability to stay in a home owned by a living trust depends on what the trust document says. If the trust gives you a right to live there…
What steps do I need to take to challenge changes to a living trust if the grantor is being influenced by family members? – North Carolina Short Answer In North Carolina, you generally cannot stop a competent grantor from amending a revocable living trust, but you can act fast to protect them and the trust…
What steps do I need to take to challenge changes to a living trust if the grantor is being influenced by family members? – North Carolina Short Answer In North Carolina, you usually cannot directly contest changes to a revocable living trust while the grantor is alive and has capacity. Instead, you protect the grantor…
What can I do about vehicles that were retitled or sold without a probate order? – North Carolina Short Answer In North Carolina, a vehicle titled only in the decedent’s name is estate property. If it was retitled or sold without Letters from the Clerk of Superior Court or a proper clerk-certified DMV affidavit, the…
Do I need an executor’s indemnity to close on a property already transferred to me? – North Carolina Short Answer Under North Carolina law, title to a decedent’s real property vests in the heirs or devisees, but within two years of death a sale by a devisee is not binding on creditors or the estate…
Can I avoid selling inherited property during probate if beneficiaries agree? – North Carolina Short Answer Yes—under North Carolina law, heirs do not have to sell inherited real estate if estate debts and costs can be paid without a sale. Title to non-survivorship real property vests in the heirs at death, but creditor rights still…
What steps do I need to take to prepare for court, such as depositions or hiring qualified opinion witnesses? – North Carolina Short Answer In North Carolina civil cases, preparing for court means planning discovery (documents, written questions, and depositions), lining up qualified opinion witnesses when needed, and following the court’s scheduling and mediation requirements.…
Can I claim ownership through long-term occupation of land without a survey? – North Carolina Short Answer Yes—North Carolina recognizes adverse possession. A survey is not required by law, but you must prove actual, open, exclusive, continuous, and hostile possession for the statutory period. With a defective deed (color of title), the period is typically…
Can I recover foreclosure sale proceeds before my siblings get their share? – North Carolina Short Answer In North Carolina, surplus funds from a foreclosure are paid to whoever owned the equity in the property at the time of sale. If a co-owner died without a will and there was no right of survivorship, that…