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.
Should this be a first‑party or third‑party special needs trust if the funds come from my child’s inheritance? – North Carolina Short Answer Under North Carolina law, an inheritance left directly to a child with a disability is treated as the child’s own money, so it usually must go into a first-party (self-settled) special needs…
Can I use a spousal year’s allowance or similar option to claim the vehicle, and what documents do I need to file? – North Carolina Short Answer Under North Carolina law, a surviving spouse can often use the spousal year’s allowance or a related no‑probate DMV process to have a vehicle retitled without opening a…
How can I transfer a car titled only in my late spouse’s name to me without opening a full probate? – North Carolina Short Answer In North Carolina, a surviving spouse can usually retitle a vehicle that was only in the deceased spouse’s name without opening a full probate by using a special DMV affidavit…
Can a disclaimer route the share to the parents, and are there tax or benefits issues for us? – North Carolina Short Answer Under North Carolina law, a valid disclaimer (also called a renunciation) causes the disclaimed inheritance to pass as if the child had died before the person who left the property. That means…
How do I deal with a mortgage or liens when selling my parent’s house? – North Carolina Short Answer In North Carolina, a parent’s house can usually be sold even if there is a mortgage or other liens, but those debts almost always must be paid or otherwise cleared at closing before the buyer gets…
Should we use a first-party special needs trust or an ABLE account? – North Carolina Short Answer Under North Carolina law, a first-party special needs trust (often established under Chapter 36D) and a North Carolina ABLE account are both tools that can help a disabled adult keep means-tested benefits while setting aside funds. They are…
As named executors, can we access any buyer deposits before closing, or are those funds restricted until final distribution? – North Carolina Short Answer Under North Carolina law, buyer deposits tied to a house sale (such as due diligence or earnest money) are generally restricted until closing and must be handled through the closing or…
How do we handle a sale when a trust may be involved—who has authority to sign and where are the funds disbursed? – North Carolina Short Answer Under North Carolina law, the person who signs the contract and deed to sell a house is the person or people who hold legal title: the trustee if…
Does land that I own in another state become part of my late spouse’s estate or our children’s inheritance just because we were married? – North Carolina Short Answer Under North Carolina law, land titled solely in a surviving spouse’s name in another state does not automatically become part of the deceased spouse’s estate or…
Is it a problem that we sold a vehicle and divided a small bank account before opening probate? – North Carolina Short Answer Under North Carolina law, selling a vehicle and dividing a small bank account before opening probate is not automatically a legal violation, especially in a modest, family-only estate. The concern is whether…
What costs should I expect when opening an estate, and when are they due? – North Carolina Short Answer In North Carolina, opening an estate usually involves court filing costs paid to the clerk, and ongoing administrative expenses such as attorney’s fees and the personal representative’s commission, which are paid from estate funds. Basic court…
How long does it typically take from signing the engagement to filing for probate? – North Carolina Short Answer Under North Carolina law, there is no fixed waiting period between signing an engagement agreement with an attorney and filing for probate with the clerk of superior court. In a straightforward estate where the death certificate…
What happens if the inheritance is paid to my child before the trust is created? – North Carolina Short Answer Under North Carolina law, if an inheritance is paid to a minor child before a trust is actually created, the money does not automatically “move” into the later trust. Instead, the funds are typically held…
What are the pros and cons of using a supplemental needs trust instead of leaving assets directly to a beneficiary who receives public benefits? – North Carolina Short Answer Under North Carolina law, a properly structured supplemental needs trust (often called a special needs trust) can hold assets for a disabled beneficiary without those assets…
What expenses can a supplemental needs trust pay for without affecting eligibility for needs‑based benefits? – North Carolina Short Answer Under North Carolina law, a properly structured supplemental (special) needs trust can pay for many “extra” goods and services that improve a disabled beneficiary’s quality of life without counting as that person’s own assets for…
How do I fund the trust now or at death, and what documents do I need to set it up correctly? – North Carolina Short Answer Under North Carolina law, a supplemental needs trust is funded either during life (by transferring assets into the trustee’s name) or at death (by directing assets to the trust…
What happens if the property sells before the disclaimer is signed; do the proceeds count as income or a resource? – North Carolina Short Answer Under North Carolina law, if an adult child’s inheritance share is converted to cash before a valid disclaimer is signed and filed, the child has already received a property interest,…
How can my adult child on SNAP, Medicaid, and SSDI disclaim an inheritance without losing benefits? – North Carolina Short Answer In North Carolina, an adult child can generally disclaim (renounce) an inheritance under Chapter 31B of the General Statutes so that the law treats the child as though they died before the person leaving…
How do I qualify for a loan modification when the house was inherited? – North Carolina Short Answer In North Carolina, an heir who receives a home through probate can often be reviewed for a loan modification if the loan servicer recognizes that person as a “successor in interest” and the mortgage is in default…
How can I stop or delay a home foreclosure that has already started? – North Carolina Short Answer In North Carolina, once a home foreclosure has started, it can sometimes be stopped or delayed by bringing the loan current, negotiating with the lender, filing a proper legal objection at the foreclosure hearing, using the upset-bid…