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 to Sell an Inherited House in North Carolina When Executors Die and Foreclosure Looms Detailed Answer When an executor named in a will dies before qualifying, no one can administer the estate until the clerk of superior court appoints someone else. If a foreclosure sale looms, heirs must act quickly. The first step is…
How do I serve a missing heir in a North Carolina partition action to sell co-owned property in North Carolina? Detailed Answer When co-owners cannot agree on dividing or selling real estate, one may file a partition action under North Carolina law. Partition actions are governed by Chapter 46 of the General Statutes (N.C. Gen.…
How to Reopen a Closed North Carolina Probate Estate to Address Outstanding Creditor Claims 1. Detailed Answer When a probate estate in North Carolina closes without resolving all valid creditor claims, state law lets interested parties request that the court reopen the estate. Under Chapter 28A, Article 23 of the North Carolina General Statutes, the…
How to Admit a Holographic Will to Probate in North Carolina Detailed Answer A holographic will is one that is handwritten and signed by the testator, without the usual two witnesses. Under North Carolina law, such a will cannot become valid unless it meets the formal requirements set out in N.C. Gen. Stat. § 31-2.1.…
How can heirs verify beneficiary designations on retirement and brokerage accounts after a loved one’s death in the State of North Carolina? Detailed Answer Losing a loved one is stressful. Learning how their financial assets transfer adds complexity. In North Carolina, beneficiary designations on retirement plans and transfer-on-death brokerage accounts generally bypass probate and pass…
How Are Sale Proceeds and Individual Reimbursements Handed and Distributed in a North Carolina Special Proceeding on Co-Owned Estate Property? 1. Detailed Answer When co-owners of estate property cannot agree on possession or use, North Carolina law provides a “special proceeding” under Article 19 of Chapter 28A of the General Statutes. This process allows a…
What steps can heirs take to stop a former power of attorney after death and recover misused estate assets? Detailed Answer When a person dies, any power of attorney they granted ends immediately. Under North Carolina law, a power of attorney terminates on the principal’s death (N.C. Gen. Stat. § 32C-2-703). After death, only the…
How to Establish Guardianship for an Incapacitated Adult in North Carolina Detailed Answer Under North Carolina law, guardianship gives a responsible individual the authority to make personal, health, and sometimes financial decisions for an adult who cannot care for themselves. You begin by preparing and filing a formal petition in the Clerk of Superior Court’s…
How can heirs and co-owners resolve competing claims and include all interested parties in a North Carolina partition action? Detailed Answer When multiple heirs or co-owners hold undivided interests in real property in North Carolina, disagreements may arise over use, value or division. A partition action under Chapter 46 of the North Carolina General Statutes…
Under North Carolina Law, How Are Lapsed Gifts Handled When a Will’s Sole Beneficiary Predeceases the Testator Without an Alternate? Detailed Answer 1. What Is a Lapsed Gift? A gift in a will “lapses” when the person named to receive it (the beneficiary) dies before the testator. In that situation, the gift fails and the…
How can I challenge an incompetency determination and regain guardianship of my parent in North Carolina? Detailed Answer In North Carolina, a court may appoint a guardian if it finds by clear and convincing evidence that an adult lacks the capacity to manage personal or financial affairs (N.C.G.S. §35A-1207). If you believe the court erred…
Detailed Answer When two or more people co-own real property in North Carolina and cannot agree on its use or disposition, one owner may ask the court to force a sale or division through a partition action. Chapter 41, Subchapter I of the North Carolina General Statutes governs this process. Here is how you file…
What initial steps must executors take to open probate of a will in North Carolina? Detailed Answer When someone named executor in a will seeks to probate that document in North Carolina, they must follow clear rules under Chapter 28A of the North Carolina General Statutes. Probate begins in the Clerk of Superior Court’s office…
When Should You Consider Filing for Guardianship of an Incapacitated Adult in North Carolina? 1. Detailed Answer In North Carolina, you may need to file for guardianship when an adult cannot manage personal, financial, or medical decisions due to mental or physical impairment. Under North Carolina law, an “incapacitated person” is someone whose ability to…
How does a surviving spouse file an elective share petition in North Carolina within six months? Detailed Answer Under North Carolina law, a surviving spouse may claim an elective share of the deceased spouse’s estate. This right protects spouses from being disinherited or receiving an unfairly small portion of assets. The elective share allows you…
How Heirs Can Force Sale of Inherited Real Estate in North Carolina When a Co-Owner Refuses to Sell Detailed Answer When someone dies owning real estate, heirs often inherit the property as tenants in common. Each tenant in common holds an undivided share. If one heir wants to sell and another refuses, North Carolina law…
Understanding Your Rights as a Tenant in Common When two or more people own property together without creating a joint tenancy, they hold it as tenants in common. North Carolina law grants each co-tenant equal rights to inspect, use, and manage the entire property. You do not need permission from the other co-owners to enter…
Detailed Answer When a property in North Carolina sells at a foreclosure auction for more than the total debt secured by the deed of trust, those excess proceeds become “surplus funds.” Under N.C.G.S. § 45-21.36, the clerk of superior court must hold these funds and attempt to notify the former owner. If the former owner…
What Happens to Real Property When Someone Dies Without a Will in North Carolina? 1. Detailed Answer When a person dies without a valid will in North Carolina, the estate enters intestate succession under Chapter 29 of the North Carolina General Statutes. The court appoints an administrator—often a close family member—who gathers assets, pays debts…
What steps are required to open an intestate estate in North Carolina when someone dies without a will? When a person dies without a valid will in North Carolina, they die intestate. State law sets the rules for handling their estate. You must follow a series of steps under Chapter 28A of the North Carolina…