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.
How do we properly finalize a termination with the first buyer so we can accept a new offer without creating disputes? – North Carolina Short Answer Under North Carolina real estate law, a seller should not treat the first contract as ended until the contract has been validly terminated in writing and all issues about…
What documents and timeline should we expect to get the property under contract and through closing with the new buyer? – North Carolina Short Answer In North Carolina, a typical residential sale moves from a signed offer to purchase and contract, through a due diligence period with inspections, loan and title work, and then to…
Can we move forward with the new buyer before the termination paperwork with the prior buyer is fully executed? – North Carolina Short Answer Under North Carolina law, a seller under a signed purchase contract generally must treat that contract as binding until it is properly terminated in the manner the contract allows. Moving forward…
What terms should be included in a new settlement and release to protect us from any claims by the first buyer? – North Carolina Short Answer Under North Carolina law, a settlement and release with a first buyer should clearly identify the parties and transaction, state that it is a full and final settlement, and…
What happens if an older deed mentions a life estate—do I need a death certificate or a corrective filing before closing? – North Carolina Short Answer In North Carolina, a life estate generally ends automatically when the life tenant dies, but the death usually must be documented in the land records before a clean title…
If the buyer cancels, how are any deposits handled and what steps should I take to avoid breaching the contract? – North Carolina Short Answer Under North Carolina law, what happens to a buyer’s earnest money and any other deposits depends mainly on the written purchase contract and the reason and timing of the buyer’s…
If the home is jointly titled with survivorship rights and my relative holds the larger share, who can legally start an eviction? – North Carolina Short Answer Under North Carolina law, each joint owner with a right to survivorship has an equal right to possess the entire home, regardless of who owns the larger share.…
What steps and timeline are involved to evict a family member when the property owner cannot appear in person, and can an attorney appear instead? – North Carolina Short Answer In North Carolina, removing a family member from a home usually requires a summary ejectment (eviction) case, even if the person never signed a formal…
North Carolina Estate Planning Lawyer: A Practical Guide for Families Quick answer: A North Carolina estate planning lawyer helps you create wills, trusts, and other documents that guide what happens to your property and who can make decisions for you, so your family does not face confusion during an already difficult time. When you picture…
North Carolina Personal Representative Commissions: Complete Guide to the “Up to 5%” Rule North Carolina Personal Representative Commissions: Complete Guide to the “Up to 5%” Rule Short answer: In North Carolina, a personal representative’s commission is a court-approved payment for administering an estate. The Clerk of Superior Court may award up to 5% of the…
Who is allowed to request this correction, and do I need to be the next of kin or personal representative? – North Carolina Short Answer In North Carolina, a correction to a death certificate (including marital status) is requested through the vital records system, usually by someone with a direct legal or family connection to…
What problems can an incorrect marital status cause for probate, insurance, or property transfers? – North Carolina Short Answer In North Carolina, an incorrect marital status on a death certificate can create delays, extra legal steps, and disputes in probate, insurance claims, and property transfers. Many agencies and companies rely on the death certificate to…
How can I open the estate and get letters testamentary without having to go to the courthouse in person? – North Carolina Short Answer Under North Carolina law, an executor may usually open an estate and obtain letters testamentary without appearing in person, as long as the clerk of superior court in the county of…
Who is allowed to accept or forward mail and checks related to a deceased person’s estate? – North Carolina Short Answer In North Carolina, the court-appointed personal representative (executor or administrator) is the proper person to receive, control, and deposit mail and checks related to a deceased person’s estate. Heirs or relatives generally should not…
Who is allowed to request funeral home records or receipts during estate administration? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) is the primary person entitled to request funeral home records and receipts for estate administration. Heirs, beneficiaries, and creditors typically obtain this information indirectly by reviewing the personal…
Do I need to record a new deed to put the house in my name, or will the estate paperwork suffice, and will this affect leaving the house to a non‑spouse partner in my own will? – North Carolina Short Answer In North Carolina, title to a house devised in a valid will passes to…
Who counts as an heir when someone dies without a will and only extended family remains, and how are the shares divided? – North Carolina Short Answer Under North Carolina intestate succession law, if someone dies without a will and no spouse, children, or parents survive, the heirs are the closest living relatives in the…
How can I get an estate check that was mailed to the decedent’s old address and was returned to sender? – North Carolina Short Answer Under North Carolina probate law, an estate check that was mailed to the decedent’s former address and returned to sender must be reissued or redirected by the payer; the current…
Can I challenge my stepparent’s transfer after inheriting the home from my parent if our family intended it for me? – North Carolina Short Answer Under North Carolina law, a child may be able to challenge a stepparent’s transfer of a home, but only if the child has a legal interest in the property and…
What happens to accounts that are POD—do they bypass probate, and can I just use my own funds to pay the estate’s debts while keeping the house and cars? – North Carolina Short Answer In North Carolina, properly set up payable-on-death (POD) accounts pass directly to the named beneficiary and do not go through the…