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 the sale date is soon, and are there emergency options to pause it? – North Carolina Short Answer In North Carolina, once a foreclosure sale is scheduled, the sale generally goes forward unless it is postponed by the lender/trustee, stayed by a court order, or delayed through the upset-bid process after the…
Will I owe a deficiency balance after the foreclosure, and how is that calculated? – North Carolina Short Answer Under North Carolina law, a borrower may owe a deficiency balance after foreclosure if the sale price is less than the total debt, unless a statute bars that deficiency (such as for certain purchase-money or qualifying…
If the property sells for more than what is owed, how do I claim any surplus funds? – North Carolina Short Answer In North Carolina, when a foreclosure or execution sale brings in more than the debt and sale expenses, the extra money (the surplus) belongs to the people legally entitled to it, often the…
If there is already a power of attorney or health care directive, do we still need a guardianship? – North Carolina Short Answer In North Carolina, a valid financial power of attorney and health care directive often remove the need for a guardianship, because the named agents can make decisions without court involvement. However, the…
How long does the process usually take, and what fees or costs should I expect? – North Carolina Short Answer In North Carolina, an adult guardianship case often takes several weeks to a few months from filing to the initial hearing, depending on the county’s schedule, required evaluations, and notice to all interested parties. Costs…
How do I start a guardianship, and what paperwork and evidence will the court need? – North Carolina Short Answer In North Carolina, a guardianship case usually starts by filing a verified petition to have a person adjudicated incompetent with the clerk of superior court in the county where that person lives, followed by an…
Can I choose a funeral home now and be reimbursed by the estate later? – North Carolina Short Answer Under North Carolina law, a family member or other authorized person may choose a funeral home and arrange the funeral immediately, and the estate is generally responsible for those reasonable funeral expenses. Funeral costs have a…
How do I start the probate process for my parent’s estate after a death at a care facility? – North Carolina Short Answer In North Carolina, the probate process starts by filing an application with the Clerk of Superior Court in the county where the parent was living at the time of death, along with…
What immediate steps should I take to secure property, handle bills, and obtain death certificates? – North Carolina Short Answer In North Carolina, the first legal priorities after a death are to secure the decedent’s home and valuables, keep basic bills and insurance in place, and make sure certified death certificates are ordered and checked…
Do I need medical records or a specific document from the doctor or facility before filing for probate? – North Carolina Short Answer Under North Carolina law, medical records are not required to open a probate estate. The clerk of superior court primarily needs proof that the person has died and basic information about the…
What happens if there is no will, and who can be appointed to manage the estate? – North Carolina Short Answer When a North Carolina resident dies without a will, state intestacy laws decide who inherits, and the clerk of superior court appoints an “administrator” to manage the estate. The surviving spouse has first priority…
Do I need to open a full estate and proceed as a contested matter to request a year’s allowance? – North Carolina Short Answer Under North Carolina law, a surviving spouse or qualifying child does not have to open a full estate administration or automatically proceed as a contested matter just to request a standard…
What evidence should I gather to show a valid marriage for a spouse’s allowance claim? – North Carolina Short Answer For a spousal year’s allowance in North Carolina, the clerk of superior court must be satisfied that a valid marriage existed at the time of death. The most important proof is a marriage certificate plus…
What happens to my year’s allowance request if the court decides I am not the spouse? – North Carolina Short Answer Under North Carolina law, only a “surviving spouse” can receive a spousal year’s allowance. If the clerk or court later decides the applicant is not the legal spouse, the spousal allowance must be denied…
How do I prove I am the surviving spouse when the court questions my marital status? – North Carolina Short Answer In North Carolina probate matters, a person proves status as a surviving spouse by showing there was a valid marriage to the decedent and that no event occurred that would terminate or bar spousal…
How are hearing dates set in a contested estate proceeding, and who is responsible for scheduling? – North Carolina Short Answer In a contested estate proceeding in North Carolina, a hearing before the clerk of superior court can be scheduled after the time to respond to the estate petition has passed. Under North Carolina law,…
Can I file Chapter 13 bankruptcy to stop a foreclosure on inherited property? – North Carolina Short Answer Under North Carolina law, a Chapter 13 bankruptcy filing generally triggers a federal “automatic stay” that stops a pending foreclosure on inherited property, as long as the sale has not been completed and the upset-bid period has…
What steps do I need to stay in my home if it’s in foreclosure? – North Carolina Short Answer In North Carolina, a homeowner in foreclosure can often stay in the home by actively working loss-mitigation options with the lender (such as a loan modification or assumption), using the built-in delays and hearing rights in…
How can I assume the existing mortgage after inheriting a property? – North Carolina Short Answer In North Carolina, an heir who receives a home through probate can usually keep making payments on the deceased owner’s mortgage and, in many cases, formally assume the loan if the lender agrees and the heir qualifies. Assumption typically…
Can I negotiate a loan modification, repayment plan, or forbearance to avoid foreclosure at this stage? – North Carolina Short Answer Under North Carolina law, a homeowner may seek a loan modification, repayment plan, or forbearance at almost any point before a foreclosure sale is completed, but the lender is not required to agree. For…