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 to inherited property in probate if the decedent’s bills aren’t paid? – North Carolina Short Answer In North Carolina, the personal representative must pay valid estate debts and expenses before heirs or devisees receive property. If cash in the estate is not enough, the Clerk of Superior Court can authorize the personal representative…
How do co-agents under a power of attorney resolve disputes over property management? – North Carolina Short Answer In North Carolina, co-agents generally may act independently unless the power of attorney says they must act together. If co-agents disagree, either can refuse to participate in an action they believe violates their fiduciary duties and may…
What steps are required to sell estate property to pay off outstanding credit card debts? – North Carolina Short Answer In North Carolina, the personal representative usually must ask the Clerk of Superior Court for an order in a special proceeding to sell real estate to create cash to pay debts. You’ll first qualify as…
What is the standard claim period for creditor notices and what happens after it ends? – North Carolina Short Answer In North Carolina, creditors generally have at least three months from the first publication of the Notice to Creditors to file written claims with the personal representative or the clerk. Known creditors who receive mailed…
Can I negotiate or reduce credit card debts before distributing sale proceeds from the estate? – North Carolina Short Answer Yes. In North Carolina, the personal representative can negotiate unsecured debts like credit cards if it benefits the estate. But do not pay or distribute sale proceeds until the creditor claim window closes and you…
How can I start full estate administration for my parent’s estate with both real property and personal assets? – North Carolina Short Answer In North Carolina, you open a full estate by applying with the Clerk of Superior Court to be appointed personal representative and receive Letters. After you qualify, publish a general Notice to…
What steps can I take to keep my veteran healthcare benefits and my spouse’s Medicaid intact? – North Carolina Short Answer In North Carolina, you can often preserve VA healthcare and Medicaid by promptly reporting income and asset changes, and by routing any new assets for a Medicaid recipient into an allowed vehicle—typically a properly…
What type of trust can we set up so her future disability income doesn’t disqualify her from Medicaid? – North Carolina Short Answer In North Carolina, a properly drafted Special Needs Trust (also called a Supplemental Needs Trust) can protect assets without disqualifying a disabled person from Medicaid. If the assets already belong to the…
How do I plan for long-term Medicaid coverage when I start receiving SSDI benefits? – North Carolina Short Answer In North Carolina, getting SSDI adds countable income, and receiving an inheritance can add countable assets—both can affect Medicaid eligibility. You must promptly report changes to your county Department of Social Services (DSS). Strategies like using…
How can I get details of proceeds from estate personal property sales when the executor won’t disclose amounts? – North Carolina Short Answer In North Carolina, beneficiaries can get sale details by compelling the executor to file the required inventory and accounting with the Clerk of Superior Court. The inventory is due within three months…
How can I protect my spouse’s inherited property from affecting their Medicaid eligibility? – North Carolina Short Answer In North Carolina, a spouse who inherits property can consider a timely, formal renunciation (disclaimer) so the inheritance passes to the next taker and never counts as their asset. If the spouse keeps the inheritance, a properly…
What is the process for mediating or petitioning the court when an executor is willfully negligent? – North Carolina Short Answer In North Carolina, if an executor is not doing their job, any interested party (like a beneficiary) can file an estate proceeding with the Clerk of Superior Court to compel an inventory or accounting,…
How can I compel the executor to provide trust account statements and an estate inventory under North Carolina law? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to order the executor to file the required estate inventory and accounts and, separately, ask the court to require the…
How do I challenge the executor’s failure to file required probate inventory and creditor notices? – North Carolina Short Answer In North Carolina, an executor must file an inventory within three months of qualifying and must publish and file proof of notice to creditors (and mail known creditors) early in the case. If those filings…
Can I recover expenses I paid for preparing and selling estate property from the estate as a reimbursement? – North Carolina Short Answer Yes, if your out-of-pocket costs were necessary and reasonable to preserve or sell estate (or trust) property, North Carolina law allows them to be reimbursed as administration expenses, which have first priority…
What legal remedies are available to recover funds misappropriated by a POA during an elder’s care? – North Carolina Short Answer In North Carolina, you typically recover money or property taken by a power of attorney (POA) through (1) an accounting order against the agent and (2) a civil lawsuit for breach of fiduciary duty…
How do I use witness affidavits to authenticate a will if a relative is blocking probate? – North Carolina Short Answer In North Carolina, you can prove (authenticate) a will before the Clerk of Superior Court using sworn affidavits from the subscribing witnesses when the will is not self-proved. If a relative is withholding the…
How can I challenge a property deed transfer made under a power of attorney as invalid? – North Carolina Short Answer In North Carolina, you typically challenge a deed signed by an agent under a power of attorney by opening the estate, having the personal representative (PR) appointed, and filing a Superior Court action to…
What steps do I need to start probate when the appointed executor or POA won’t sign documents? – North Carolina Short Answer In North Carolina, you can start probate without the named executor’s cooperation. File to probate the will with the Clerk of Superior Court; if the named executor won’t qualify, ask the clerk to…
Can I file a breach of fiduciary duty claim against a relative who abused their power of attorney? – North Carolina Short Answer Yes. In North Carolina, an agent under a power of attorney owes a fiduciary duty to act in the principal’s best interests. After death, the personal representative of the estate (and, in…