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 estate check keeps getting misdelivered—will it be reissued or canceled? – North Carolina Short Answer Under North Carolina probate law, if an estate distribution check is misdelivered or never reaches the intended heir, the personal representative should protect the estate by stopping payment on the original check and either reissuing it…
What happens to a foreclosure if I inherit a house but the loan remains in the previous owner’s name? – North Carolina Short Answer In North Carolina, inheriting a home does not wipe out the mortgage or stop a foreclosure. The lender can continue (or restart) a power-of-sale foreclosure even if the loan is still…
Will a pending death certificate delay transferring the car or handling necessary accounts, and what can I do in the meantime? – North Carolina Short Answer In North Carolina, many immediate tasks can move forward while a certified death certificate is pending, but some transfers will wait on that document. The clerk of superior court…
Do we need court approval or a guardianship or conservatorship to establish and fund this trust? – North Carolina Short Answer Under North Carolina law, a trust can usually be established and funded without court approval if the person creating and funding it is a competent adult using that person’s own assets. Court approval or…
Can I handle the sale using a power of attorney if my parent can’t sign? – North Carolina Short Answer In North Carolina, a real estate sale can usually be handled by an agent using a valid power of attorney, as long as the document clearly authorizes real property transactions and is properly signed, notarized,…
Do beneficiary accounts like a 401(k) and life insurance avoid probate entirely, or can estate debts still reach them? – North Carolina Short Answer In North Carolina, most beneficiary-designated assets—such as 401(k)s, IRAs, payable-on-death accounts, and life insurance—pass directly to the named beneficiaries and do not go through probate. Ordinary estate creditors generally cannot force…
How does a supplemental needs trust work and who should serve as trustee? – North Carolina Short Answer Under North Carolina law, a supplemental needs trust (often called a special needs trust) is designed to hold funds for a person with a disability without counting as that person’s own asset for means-tested benefits, as long…
What happens to any remaining funds in the trust when the beneficiary passes away? – North Carolina Short Answer Under North Carolina law, what happens to remaining funds in a supplemental needs trust after the beneficiary dies depends on how the trust is structured and funded. For many Medicaid-related supplemental needs or pooled trusts, the…
What documents and approvals do I need to list and close on my parent’s home? – North Carolina Short Answer Under North Carolina law, a deceased parent’s home is normally sold by a court-appointed personal representative (executor or administrator) through the estate. To list and close, that person usually needs formal appointment papers from the…
Do home-sale proceeds have to be held for the standard creditor claim period before anyone can use them? – North Carolina Short Answer Under North Carolina law, there is no automatic rule that home-sale proceeds must sit untouched for the entire creditor claim period, but a personal representative must keep enough of those proceeds available…
When we sell our parent’s house, does the due diligence or earnest deposit have to go into the trust or estate, or can we use it to secure a new place to live? – North Carolina Short Answer Under North Carolina law, any earnest money or due diligence fee paid for the sale of a…
Who can serve as trustee, and how should distributions be handled so we don’t jeopardize benefits? – North Carolina Short Answer Under North Carolina law, a trustee of a special needs or supplemental needs trust is typically a trusted individual (such as a family member) or a professional or nonprofit trustee, including approved pooled trust…
How can I set up a special needs trust so my child keeps disability and other government benefits? – North Carolina Short Answer In North Carolina, a properly drafted special needs trust (also called a supplemental needs trust) can hold money for a child with a disability without counting as the child’s own asset for…
What happens to my spouse’s unsecured loan and credit card if the estate has little or no assets—am I personally responsible? – North Carolina Short Answer Under North Carolina law, a surviving spouse is not automatically liable for a deceased spouse’s individual unsecured debts, like a credit card or personal loan, if the spouse did…
Do I need probate paperwork to sell a house that was jointly owned with my spouse who died without a will? – North Carolina Short Answer In North Carolina, a surviving spouse usually does not need probate paperwork just to sell a home that was owned with the deceased spouse as tenants by the entirety…
How can I sell my parent’s house if I’m not on the title? – North Carolina Short Answer In North Carolina, a person who is not listed on the deed cannot sell a parent’s house unless that person has legal authority to sign for the parent or for the parent’s estate. That authority usually comes…
What happens if other family members don’t agree with selling the property? – North Carolina Short Answer Under North Carolina law, a co-owner of real estate usually cannot be forced to keep owning property forever just because other family members refuse to sell. If the family cannot agree, any co-owner may file a partition case…
What documents should I gather before we open probate with your firm? – North Carolina Short Answer For a North Carolina probate case, it helps to gather the original will (if there is one), at least one certified death certificate, a list of the decedent’s assets and debts, and basic information about family members and…
How do I start probate when my spouse died without a will, and what documents should I gather first? – North Carolina Short Answer In North Carolina, when a spouse dies without a will (dies “intestate”), a family member usually starts probate by filing paperwork with the Clerk of Superior Court in the county where…
How can I start the probate process if I haven’t signed the engagement agreement yet? – North Carolina Short Answer In North Carolina, the probate process starts at the clerk of superior court’s estate division, not with an attorney’s engagement agreement. An interested person may open an estate directly with the clerk by providing basic…