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 file the original will with the court, or will a certified copy work? – North Carolina Short Answer Under North Carolina law, the clerk of superior court generally expects the original signed will when an estate is opened or a will is lodged for safekeeping or filing. A certified copy will…
How should we word an intentional disinheritance so it’s clear and harder to contest? – North Carolina Short Answer Under North Carolina law, an intentional disinheritance is clearer and harder to contest when the will: (1) expressly names the person being disinherited, (2) plainly states that the omission is intentional, and (3) clearly disposes of…
How can I complete ancillary probate in the state where the property is so I can transfer a deceased co-owner’s share and update the deed for a sale? – North Carolina Short Answer In North Carolina, when a nonresident dies owning North Carolina real estate as a tenant in common, an ancillary estate is usually…
How can I be reimbursed for funeral and administration costs I paid out of pocket, and what proof will the court require? – North Carolina Short Answer Under North Carolina law, a personal representative who pays reasonable funeral and estate administration costs out of pocket can usually be reimbursed from estate funds. Reimbursement is handled…
What steps do we take to update title records if the deed is not already in both co-owners’ names? – North Carolina Short Answer In North Carolina, when inherited property is not correctly shown in both co-owners’ names, the title is usually updated by recording the proper estate documents and, if needed, a new deed.…
What immediate steps should I take if I received a notice to vacate or a foreclosure letter? – North Carolina Short Answer In North Carolina, the first step after receiving a notice to vacate or a foreclosure letter is to read it carefully to identify who sent it, why it was sent, and all stated…
Who is responsible for notifying the title or closing company when a contract is terminated? – North Carolina Short Answer Under North Carolina real estate practice, the party who terminates the contract (or that party’s real estate agent or attorney) is responsible for sending written notice of termination to the other party as required by…
What happens next after a buyer terminates a real estate contract, and do I need to sign anything to finalize it? – North Carolina Short Answer Under North Carolina law, once a buyer validly terminates a standard residential real estate contract, the contract itself usually ends without the seller having to sign anything just to…
How can I remove a sibling living in my relative’s home when my relative can’t attend court but is mentally competent? – North Carolina Short Answer Under North Carolina law, a mentally competent homeowner generally must be the one to act in court to remove someone from the home, usually through a summary ejectment (eviction)…
Do I need guardianship, or would a power of attorney be enough to evict my sibling and manage the house of my family member? – North Carolina Short Answer Under North Carolina law, a valid, properly drafted and recorded financial power of attorney often gives an agent enough authority to manage a family member’s house…
How should I review a new purchase contract from a new buyer before I agree to it? – North Carolina Short Answer In North Carolina, a seller reviewing a new purchase contract should focus on the price, due diligence fee, earnest money, deadlines (especially the due diligence period and closing date), buyer contingencies, and default…
What contract terms and contingencies should I negotiate, like inspection, appraisal, financing, and earnest money? – North Carolina Short Answer In North Carolina, key residential purchase contract terms to negotiate include inspection rights and repair options, appraisal and financing contingencies, the mix of earnest money and due diligence fee, closing and occupancy dates, and seller…
What disclosures about the property’s condition do I need to make to the new buyer, and what happens if something changes before closing? – North Carolina Short Answer In North Carolina, most residential sellers must give the buyer three written disclosure forms about the property’s condition, any owners’ association, and any severed mineral or oil…
If I had a prior offer or contract, do I have any obligations or risks before signing with a new buyer? – North Carolina Short Answer Under North Carolina real estate law, a seller with a signed purchase contract generally must honor that contract and can face breach-of-contract claims for signing a conflicting deal with…
Can I negotiate inspection, appraisal, and financing contingencies to better protect me, and how should they be written? – North Carolina Short Answer In North Carolina, the parties may negotiate inspection, appraisal, and financing terms in a residential purchase contract, but the standard form contract already handles most of these through the “due diligence” structure…
What happens if the court takes longer than expected and I move out of state before the title transfer is finished? – North Carolina Short Answer Under North Carolina probate law, a move to another state does not stop or undo an existing estate or title transfer case that is already opened in a North…
How do I start probate after mailing a will to the clerk? – North Carolina Short Answer In North Carolina, mailing the original will to the clerk of superior court only lodges or files the will; it does not, by itself, open an estate. To start probate, someone with priority (usually the named executor) must…
How can I change the marital status listed on a death certificate? – North Carolina Short Answer In North Carolina, changes to the marital status shown on a death certificate are made through the North Carolina Vital Records office, not through the probate court. A family member or other qualified person must submit an amendment…
If the sale proceeds, do I have any right to redeem the property or set it aside for improper notice? – North Carolina Short Answer Under North Carolina law, there is no broad, automatic right to redeem real estate after a properly conducted foreclosure or execution sale is finally completed. The main “second chance” before…
What emergency filings can stop a tax sale long enough for me to pay the past‑due taxes? – North Carolina Short Answer In North Carolina, the main ways to halt or slow a property tax foreclosure sale are: filing a motion with the clerk or judge to stay or continue the sale, filing for bankruptcy…