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 happens if both of my co-executors are unable to serve and I haven’t named a backup executor? – North Carolina Short Answer In North Carolina, if all named executors cannot serve and no successor is named, the Clerk of Superior Court appoints an administrator c.t.a. (with the will attached) to carry out the will.…
How can I obtain guardianship of my adult child with disabilities in North Carolina? – North Carolina Short Answer In North Carolina, you request adult guardianship by filing a verified petition asking the Clerk of Superior Court to (1) adjudicate your adult child incompetent and (2) appoint an appropriate guardian. The court must consider less…
What authority will a guardian have over my adult child’s medical and financial affairs? – North Carolina Short Answer In North Carolina, a guardian’s authority depends on the type of guardianship. A guardian of the person makes medical and personal-care decisions; a guardian of the estate manages money and property; and a general guardian does…
Can I appoint my other child as a co-guardian alongside me? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court can appoint more than one guardian for an adult, including co-guardians of the person, of the estate, or a general co-guardian. Co-guardianship can provide coverage, but it may slow decisions…
How do I use a power of attorney to access and transfer my parent’s pension and benefits? – North Carolina Short Answer In North Carolina, a properly signed and notarized durable financial power of attorney (POA) lets an agent handle a parent’s money, accounts, and many benefits, but Social Security and certain federal benefits still…
What information should I prepare before meeting with a guardianship attorney? – North Carolina Short Answer In North Carolina, bring a clear picture of the person who may need a guardian (where they live, health and daily living limits), what alternatives you have already tried (like powers of attorney), a snapshot of their finances, a…
How can I get a durable financial power of attorney for my parent with memory issues? – North Carolina Short Answer In North Carolina, only your parent can sign a durable financial power of attorney, and they must still understand what they are signing. The document must be signed and acknowledged before a notary; for…
What are the legal requirements to become a guardian for a parent who may be unable to manage their affairs? – North Carolina Short Answer In North Carolina, you must start a court case before the Clerk of Superior Court to have your parent legally found incompetent and then request appointment as guardian. The court…
If my parent moves to another county during the process, do I need to refile in the new county? – North Carolina Short Answer No. In North Carolina, you generally do not refile a guardianship case when the parent moves. Venue is set when you file. If the parent relocates, you can ask the Clerk…
What medical records and incident examples do I need to file a guardianship petition in North Carolina? Short Answer In North Carolina, you file a verified petition that states specific facts showing the adult cannot manage affairs or make/communicate important decisions due to a condition like disease or injury. You do not have to attach…
Can I use a power of attorney instead of guardianship if my parent already shows signs of dementia? – North Carolina Short Answer In North Carolina, a valid power of attorney signed while your parent still had capacity can often avoid the need for guardianship. But you cannot create a new power of attorney after…
How long does the guardianship process usually take and what factors affect the timeline? – North Carolina Short Answer In North Carolina, a routine, uncontested adult guardianship often takes about 4–8 weeks from filing to receiving Letters of Guardianship, largely driven by personal service of papers and the court’s hearing calendar. If urgent protection is…
How can I establish guardianship for a parent diagnosed with early-onset dementia? – North Carolina Short Answer In North Carolina, you start by filing a petition with the Clerk of Superior Court asking the court to find your parent incompetent and to appoint a guardian. You must prove, with clear, cogent, and convincing evidence, that…
What can I do if a co-owner is living on the property rent-free and not helping with upkeep? – North Carolina Short Answer In North Carolina, any co-owner can file a partition case with the Clerk of Superior Court to divide or sell the property. The court can order a sale if a fair in‑kind…
How do I add pay-on-death beneficiaries to my bank and investment accounts? – North Carolina Short Answer In North Carolina, you add beneficiaries by completing your bank’s Payable on Death (POD) form and your brokerage’s Transfer on Death (TOD) registration for investment accounts. These designations pass the funds directly to your named beneficiaries at your…
Do I need to list myself differently if I’m filing the partition petition as power of attorney? – North Carolina Short Answer Yes. In a North Carolina partition case, you list the co-owner (your principal) as the party and show your role. Style it like: “Principal’s Name, by and through Agent’s Name, attorney-in-fact.” Attach or…
How do I document and claim my contributions to taxes and repairs in a partition action? – North Carolina Short Answer In North Carolina partition cases, a co-owner can ask the Clerk of Superior Court to credit them for necessary common expenses—like property taxes, insurance, and essential repairs—proved with clear records. You raise these credits…
How can I complete and file the surplus funds claim form to get my check after a tax sale? – North Carolina Short Answer In North Carolina, surplus money left after a tax foreclosure sale is held by the Clerk of Superior Court. To get it, file in the original tax foreclosure case a verified…
How long does it take for the court to sign an order and release partition sale funds? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can sign a distribution order and release partition sale funds after the sale is confirmed and all credits, fees, liens, and taxes are resolved. Once…
What steps do I need to follow to confirm there are no creditors before claiming surplus funds? – North Carolina Short Answer In North Carolina, surplus funds from a tax sale are held by the Clerk of Superior Court and paid to the people legally entitled to them, usually in lien priority order. To show…