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.
Will I have to pay any legal fees upfront to open probate or file a wrongful death lawsuit? – North Carolina Short Answer In North Carolina, you can usually hire a wrongful death lawyer on a contingency fee, so you do not pay attorney’s fees upfront. To open the estate, the Clerk of Superior Court…
What evidence do I need to gather to support a wrongful death case in a scooter-car accident? – North Carolina Short Answer In North Carolina, the personal representative of the estate must bring the wrongful death claim and prove the driver’s fault, causation, and legally recognized damages. Focus on preserving and collecting objective evidence like…
What steps are needed to publish a probate notice of publication in North Carolina? Short Answer In North Carolina, a personal representative must publish a “Notice to Creditors” once a week for four consecutive weeks in a qualifying local newspaper and mail a copy to all known or reasonably ascertainable creditors within 75 days after…
How can I resign as guardian and properly close out a guardianship after a ward’s death? – North Carolina Short Answer In North Carolina, a guardianship ends when the ward dies, but you remain responsible until the Clerk of Superior Court approves your final account and discharges you. To resign and close the case, file…
What steps do I need to take to start probate for a deceased relative who had no will? – North Carolina Short Answer In North Carolina, you start an intestate estate by applying with the Clerk of Superior Court in the county where the decedent lived, asking to be appointed administrator, and posting any required…
What happens to a mortgaged home in probate if no one agrees to pay the mortgage or buy out other heirs? – North Carolina Short Answer In North Carolina, title to a decedent’s home passes to the heirs at death, and the mortgage lien stays with the property. If no heir pays the mortgage, the…
How do I determine which relatives are entitled to inherit the house and insurance benefit? – North Carolina Short Answer In North Carolina, if someone dies without a will and leaves no spouse or children, inheritance generally goes first to the parents; if no parent survives, it passes to siblings and the children of deceased…
How can I get a verbal will recognized in a probate hearing in North Carolina? Short Answer In North Carolina, a verbal will (called a “nuncupative will”) can be admitted to probate only if it was made during the decedent’s last illness or when death was imminent, the decedent declared the words to be their…
How do I challenge the validity of a verbal will that was never signed? – North Carolina Short Answer In North Carolina, you can challenge an alleged verbal (nuncupative) will by objecting at the Clerk of Superior Court’s hearing before the will is admitted to probate, or by filing a caveat in Superior Court within…
What steps do I need to amend my marital status application after choosing the wrong option? – North Carolina Short Answer In North Carolina, simple typos on a vital record (like a marriage record) can sometimes be fixed by submitting proof to NC Vital Records. But when the change affects a key fact—such as marital…
How do I change my healthcare power of attorney if my previously named agent is deceased? – North Carolina Short Answer In North Carolina, you change your health care power of attorney (HCPOA) by revoking the old document and signing a new HCPOA that names a new primary agent and, ideally, one or more alternates.…
How can I get a court order to correct my marital status on official records? – North Carolina Short Answer In North Carolina, the path depends on which official record is wrong. If a court record or judgment lists the wrong marital status, you ask the court that issued it to correct the record—clerical mistakes…
Can I proceed with estate tasks if I haven’t received the signed letters of administration yet? – North Carolina Short Answer Generally, no. In North Carolina, you do not have authority to act for the estate until the Clerk of Superior Court issues Letters (after the oath and any required bond). Some limited acts that…
How do I resolve boundary or description discrepancies when preparing a partition action? – North Carolina Short Answer In North Carolina, resolve any boundary or legal description mismatch before you file a partition proceeding with the Clerk of Superior Court. Start by pulling the foreclosure special proceeding file and comparing the notice of sale, order,…
What steps do I take to challenge or correct an incorrect property description in a foreclosure deed? – North Carolina Short Answer In North Carolina, start by pulling the original foreclosure file and confirming the legal description used in the court’s order and notice of sale. If the commissioner’s deed has a clerical mismatch, file…
What happens if the property description in the commissioner’s deed doesn’t match the foreclosure notice? – North Carolina Short Answer In North Carolina, a mismatch between the legal description in a commissioner’s deed and the foreclosure notice is a title problem that must be fixed in the original foreclosure case. If it is a clerical…
How can I obtain the foreclosure court file to review the original notice of sale? – North Carolina Short Answer Go to the Clerk of Superior Court in the county where the property is located and ask for the foreclosure file. Most mortgage (power-of-sale) foreclosures are Special Proceedings and use an SP case number; most…
Do I need to order a new survey or title search after noticing a deed discrepancy? – North Carolina Short Answer In North Carolina, start by asking the court that issued the commissioner’s deed to correct the legal description if the error is clerical. You usually will not need a brand‑new survey or full title…
What steps are needed to appoint my brother-in-law as estate administrator? – North Carolina Short Answer In North Carolina, an adult heir can usually serve as administrator of an intestate estate if qualified and either all co-heirs consent or required notices are given. To appoint your brother-in-law, file the Application for Letters of Administration with…
How do I set up a North Carolina LLC trust to hold my crypto and personal assets? – North Carolina Short Answer In North Carolina, you don’t create an “LLC trust.” You create a revocable living trust and form a North Carolina LLC, then title assets so the trust owns the LLC (and the LLC…