News and Articles

Understanding Fiduciary Duties of Trustees and Executors in North Carolina Trustees and executors hold legal responsibilities to manage estate or trust assets in the best interests of beneficiaries. Under North Carolina law, these duties include loyalty, impartiality, prudence, and strict compliance with the terms of the trust or will. When a trustee or executor fails…

How to Confirm Service of Updated Guardianship and Attorney Substitution Information in North Carolina Probate Cases 1. Detailed Answer When you update guardianship details or substitute an attorney in a North Carolina probate proceeding, you must notify every interested party. Proper notice ensures the court can proceed and protects everyone’s rights. Follow these steps under…

Detailed Answer Losing a parent who owned vehicles titled in another state can feel overwhelming when they die without a will. North Carolina law provides clear steps for transferring or salvaging those vehicles. You must establish your authority under intestate succession, gather the proper documents, apply for North Carolina titles, and complete salvage requirements if…

Should I Hire a Probate Attorney in North Carolina to Handle Estate and Wrongful Death Settlement Matters, or Can I Complete the Process Myself? 1. Detailed Answer When someone dies, their assets and debts typically pass through the probate process under North Carolina law. If the decedent had a valid will, the personal representative you…

Detailed Answer In North Carolina, co-owners of real property share an equal right to possession. That means you cannot unilaterally lock out a fellow owner without facing possible criminal or civil consequences. Under North Carolina law, breaking and entering is defined in N.C. Gen. Stat. § 14-54. If you change the locks and prevent another…

Detailed Answer When a loved one passes away leaving a will that names multiple heirs but only one surviving child remains, you will need to open probate to transfer the decedent’s property lawfully. In North Carolina, probate takes place in the Clerk of Superior Court’s office in the county where the decedent lived. 1. Locate…

How can I obtain the name of North Carolina’s current public administrator for probate matters? Detailed Answer If someone dies without a will or without a qualified personal representative, a public administrator may step in to handle the estate. In North Carolina, each county appoints a public administrator under N.C. Gen. Stat. § 7A-316. To…

How do multi-state issues and conflicting legal opinions affect whether escrow funds from a failed property purchase should be processed through probate in North Carolina? Understanding Escrow Funds and Probate in North Carolina Escrow funds represent money held by a neutral third party under a real estate contract. When a property purchase fails, the buyer…

Is it a conflict of interest for an attorney in North Carolina to handle probate administration when they previously drafted the will? Detailed Answer In North Carolina, an attorney may wear two hats in an estate case: one as the drafter of a will and another as the personal representative’s legal advisor during probate. At…

Understanding and Asserting Your Elective Share in North Carolina Probate When your spouse dies without leaving you sufficient assets outright, North Carolina law allows you to claim an elective share. Under N.C.G.S. § 30-3.1, you may elect to take one-third of the net value of the probate estate rather than accept what the will provides…

How Do Probate Attorneys Manage Jurisdiction and Retainer Agreements in Cases Involving Disputed Escrow Funds from Out-of-State Property Transactions in North Carolina? Detailed Answer When a decedent’s estate includes disputed escrow funds from the sale of real property located outside North Carolina, a North Carolina probate court still holds authority over those funds if the…

Do I need to inform and obtain agreement from all interested parties before selling probate assets, or can I proceed without notifying them for minor sales? Detailed Answer In North Carolina probate administration, a personal representative must follow specific procedures when selling estate assets. Whether you must inform and secure agreement from every interested party…

What legal options are available if a family member is refusing to submit a will for probate? Detailed Answer When a family member holds a loved one’s original will and refuses to turn it over, beneficiaries and other interested parties have several legal remedies under North Carolina law. Acting promptly helps protect the decedent’s wishes…

How does the creditor notice period during probate in North Carolina affect my ability to sell an inherited property? Detailed Answer When someone passes away in North Carolina, the personal representative (formerly called executor) must notify creditors of the estate. Under N.C. Gen. Stat. § 28A-18-3, the personal representative must: Publish notice in a newspaper…

What steps do I need to take to become the administrator of an intestate estate after a sudden loss? Detailed Answer: Navigating Administrator Appointment under North Carolina Law When someone dies without a valid will (intestate), North Carolina law requires the court to appoint an administrator to settle the estate. You can follow these steps…

How an Hourly Retainer Fee Works in a North Carolina Probate Case 1. Detailed Answer When you hire an attorney to handle a probate administration in North Carolina, you typically enter into a written fee agreement. In most cases, the lawyer will require an hourly retainer fee, sometimes called a deposit or advance, before beginning…

How North Carolina Probate Handles a Deficiency Judgment on a Vehicle with an Outstanding Lien 1. Detailed Answer: Deficiency Judgments and Probate Administration When a decedent owns a vehicle subject to a loan, the lender holds a lien. If the estate’s personal representative repossesses and sells that vehicle and the sale proceeds fail to cover…

Protecting Your Estate Interests When Tax Filings Misclassify Inherited Property Detailed Answer When you inherit real property in North Carolina, you rely on the personal representative to handle tax filings correctly. If the estate’s tax returns incorrectly treat that property as partnership income and expenses, you may end up bearing unexpected tax liability. North Carolina…

Why might the vehicle title appear solely in my sibling’s name even though both of us are allotted a 50/50 share in the probate process? Detailed Answer In North Carolina probate, your 50/50 inheritance share represents your right to an equal portion of the estate’s total value. It does not require that every single asset…

Detailed Answer When you begin the probate process in North Carolina, you often receive an initial fee estimate. This estimate covers the personal representative’s statutory commission, attorney fees, court costs, and other disbursements. However, as your case evolves, the total cost can rise for several reasons: Statutory Commissions May Change: North Carolina law sets the…