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 an inherited property goes into foreclosure before partition is complete? – North Carolina Short Answer In North Carolina, a lender can foreclose even if a partition case is pending. If every co-owner signed the deed of trust, a completed foreclosure will usually end the co-owners’ title and the partition case becomes moot,…
How can I find out the home equity at my parent’s death versus now for a property I co-own? – North Carolina Short Answer In North Carolina, “equity” at any point in time is the fair market value of the home minus all loans and liens at that same time. To find equity at death,…
How can I complete a joint revocable trust with my spouse? – North Carolina Short Answer In North Carolina, you complete a joint revocable trust by (1) making sure both spouses properly sign a current joint trust document that says who manages and who inherits, and (2) funding the trust by retitling assets into the…
How can I properly fund my existing revocable trust by transferring property deeds and LLC interests? – North Carolina Short Answer In North Carolina, you fund a revocable trust by retitling assets into the trustee’s name. For real estate, sign and record a new deed conveying each property to your trustee to protect priority under…
How do I become the administrator of my parent’s estate when they died without a will and I live out of state—do I need a registered agent? – North Carolina Short Answer Yes. In North Carolina, a nonresident who applies to administer an intestate estate must appoint a North Carolina “resident process agent” before the…
What steps do I need to take to set up and manage estate bank accounts once I’m appointed administrator? – North Carolina Short Answer In North Carolina, once the Clerk issues your Letters of Administration, get a federal EIN for the estate and open a separate estate checking account titled in the estate’s name. Deposit…
Can a trust governed by one state remain valid after I move to another state? – North Carolina Short Answer Yes. Moving to North Carolina does not invalidate a trust that was properly created under another state’s law. The trust’s governing-law clause generally continues to control, but its “principal place of administration” and which court…
How does inheriting property subject to an existing mortgage affect my obligations and risk of foreclosure? – North Carolina Short Answer In North Carolina, heirs take title to a home at death “subject to” any existing deed of trust (mortgage). You are not personally liable on the note unless you assume it, but the lender…
How do I review or update an older special needs trust to reflect my child’s current needs? – North Carolina Short Answer In North Carolina, you can update an older special needs trust (SNT) by first confirming its type (first-party or third-party), governing law, and whether it is revocable. If the SNT is irrevocable, changes…
What rights do I have as the majority owner in a partition case? – North Carolina Short Answer In North Carolina, a majority co-owner has the same right as any co-owner to seek or oppose partition, but your percentage does not let you dictate the outcome. The Clerk of Superior Court prefers partition in kind…
What should I expect at the hearing to request release of funds from the property sale? – North Carolina Short Answer In North Carolina partition cases, the Clerk of Superior Court typically releases sale proceeds after the sale is confirmed, required costs and liens are addressed, and all co-owners have notice and an opportunity to…
How can I confirm that every co-owner has been properly served with the partition petition? – North Carolina Short Answer In North Carolina partition cases, every co-owner (cotenant) must be served with the Special Proceedings Summons and Petition under Rule 4 before the Clerk of Superior Court moves the case forward or releases sale proceeds.…
Can I challenge the proposed fractional distribution of sale proceeds in a partition action? – North Carolina Short Answer Yes. In North Carolina partition cases, you can object to how sale proceeds are divided if the proposed fractions don’t match title interests or fail to account for credits, liens, or adjustments. You do this in…
Can I appoint a secondary personal care assistant through the trust’s provisions? – North Carolina Short Answer Yes—under North Carolina law, a trust can authorize the trustee to hire and pay a secondary (backup) personal care assistant for a special needs beneficiary. The trustee must act prudently and avoid conflicts of interest; if the trustee…
What are my duties and rights as the primary personal care assistant under a special needs trust? – North Carolina Short Answer In North Carolina, the trustee—not the caregiver—controls distributions from a special needs trust and must act in good faith under the trust’s terms for the beneficiary’s benefit. As a primary personal care assistant,…
How can I open my daughter’s estate in North Carolina to pursue her wrongful death claim? – North Carolina Short Answer In North Carolina, only a court-appointed personal representative (or collector) can bring and settle a wrongful death claim. You open an estate with the Clerk of Superior Court in the county of your daughter’s…
What do I need to qualify as personal representative of my daughter’s estate? – North Carolina Short Answer In North Carolina, you qualify by applying with the Clerk of Superior Court in the county where your daughter lived, showing you are eligible to serve, taking an oath, and addressing any bond requirement. For wrongful death…
How do I handle any assets or savings my daughter had when she passed away? – North Carolina Short Answer In North Carolina, you open an estate and have the Clerk of Superior Court appoint a personal representative (administrator) to handle your daughter’s assets in her name. Only a duly appointed personal representative can pursue…
Can my daughter’s biological mother contest the estate and how can I prevent that? – North Carolina Short Answer In North Carolina, only a court‑appointed personal representative can settle a wrongful death claim, and the proceeds are distributed to heirs as if there were no will. A biological mother may seek appointment as personal representative…
How do I ensure the insurer pays the full amount owed under a wrongful death claim? – North Carolina Short Answer In North Carolina, the insurer will not pay a wrongful death settlement until a personal representative is appointed for the decedent’s estate, and any required court approval is obtained. The personal representative (not family…