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.
How can I claim surplus funds after my home was foreclosed? – North Carolina Short Answer In North Carolina, if a foreclosure sale brings in more than what’s owed on the deed of trust plus costs, the extra (the “surplus”) belongs to those next in priority—usually junior lienholders, and then the former record owner. To…
Can I dispute the reported surplus amount if I believe more funds are available? – North Carolina Short Answer Yes. In North Carolina, you can ask the Clerk of Superior Court to determine the correct amount of foreclosure surplus and who gets it. After the 10-day upset bid period closes, you may file a verified…
Is my grandparent’s dog a personal effect or part of the trust residue? – North Carolina Short Answer In North Carolina, a pet is legally personal property. Whether a dog is included in a will’s gift of “personal effects” depends on the exact wording; many documents use “personal effects” narrowly (clothing, jewelry) and do not…
What are my rights if someone else has encroached on my property? – North Carolina Short Answer In North Carolina, you can demand removal of an encroachment, seek damages for trespass, and ask a court to confirm your boundary and title. If the encroachment has existed long enough, the encroacher may claim adverse possession, which…
Can I force the sale of jointly owned land if we can’t agree on price? – North Carolina Short Answer Yes. In North Carolina, any co-owner may file a partition action with the Clerk of Superior Court to divide the property or, if a fair split on the ground is not feasible, to sell it…
How can I negotiate a fair buyout of a co-owner’s share of real property? – North Carolina Short Answer In North Carolina, most co-owners settle buyouts privately by agreeing on value, pricing adjustments, and clean title, then documenting the deal with a deed and releases. If talks stall, a partition case can be filed with…
What steps do I take to settle a co-ownership dispute without filing in court? – North Carolina Short Answer In North Carolina, co-owners can settle a property dispute privately by negotiating and signing a written buyout or settlement agreement, setting a clear price, credits for expenses, and solutions for any title or boundary issues, then…
What steps should I take to inventory and document which items belong to the estate versus my own property? – North Carolina Short Answer In North Carolina, the administrator controls the decedent’s personal property and must file an inventory within three months of qualifying. You should secure the home, make a room-by-room list with photos,…
What can I do if heirs remove items without proper documentation or trespass on the property? – North Carolina Short Answer In North Carolina, if you own the home by survivorship, you control access to the house and can refuse entry to heirs and even the estate administrator unless a court orders otherwise. The administrator—not…
Do heirs or the estate administrator have a right to access my private computers and personal information stored in the house? – North Carolina Short Answer Under North Carolina law, heirs do not have a personal right to enter your home or take property. The court-appointed administrator (also called the personal representative) may collect property…
How can I probate my aunt’s out-of-state will in North Carolina? – North Carolina Short Answer North Carolina lets you probate an out-of-state will here if your aunt owned property or assets in a North Carolina county. You can either (1) probate a certified copy of the will that was first probated where she lived,…
How do I publish creditor notice and handle outstanding medical and ambulance bills? – North Carolina Short Answer In North Carolina, after you receive Letters from the Clerk of Superior Court, you must publish a notice to creditors once a week for four consecutive weeks in a qualifying county newspaper and mail the notice to…
When and how do I file the oath of affirmation and affidavit of subscribing witnesses? – North Carolina Short Answer In North Carolina, you file the executor’s oath or affirmation with the Clerk of Superior Court at the time you qualify for letters; the clerk will not issue letters until your signed oath is on…
What happens to my power of attorney authority once the principal has passed away? – North Carolina Short Answer In North Carolina, a power of attorney ends at the principal’s death, and the agent’s authority stops immediately. After death, only a court‑appointed personal representative (or a small‑estate affiant in limited cases) can handle the decedent’s…
How do I start probate when the decedent had no obvious assets? – North Carolina Short Answer In North Carolina, you may not need a full probate if there are no probate assets. First, confirm whether anything is titled solely in the decedent’s name. If nothing requires administration, you can either do nothing or ask…
How can I buy out my co-owner’s interest in our land without going to court? – North Carolina Short Answer Yes, in North Carolina you can avoid a courthouse sale by settling the pending partition case with a negotiated buyout. The cleanest path is a written purchase agreement and deed from your co-owner, paired with…
What happens if my co-owner refuses my buyout offer and presses for a sale? – North Carolina Short Answer In North Carolina, a co-owner can seek partition, and the Clerk of Superior Court decides whether to split the land in kind or order a sale. The court cannot force your co-owner to accept your buyout…
Can we use a consent order to sell our co-owned property without a court partition? – North Carolina Short Answer Yes—if every co-owner and anyone else with a legal interest agrees, you can resolve a North Carolina partition case by consent and sell privately or complete a buyout, then dismiss the case. If even one…
How do I ensure all assets like a car and bank account are inventoried and distributed? – North Carolina Short Answer In North Carolina, you ensure assets are inventoried and distributed by qualifying as the estate’s administrator, filing a timely inventory, giving notice to creditors, paying valid claims, then distributing what remains under the intestacy…
Can I prevent foreclosure on my mother’s home during probate? – North Carolina Short Answer Probate does not automatically stop a North Carolina foreclosure. The lender can proceed unless the default is cured or a court orders a pause. An appointed administrator can act fast: appear at the foreclosure hearing, use estate funds to reinstate…