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.
Can I update or replace an existing will, and what makes the new one valid? – North Carolina Short Answer Under North Carolina law, an existing will can be changed either by signing a new will or by signing a codicil (an amendment) that meets the same legal requirements as a will. A new will…
What is involved in trust administration compared with making simple updates or answering general questions? – North Carolina Short Answer Under North Carolina law, full trust administration means a trustee actively manages and settles a trust, including gathering assets, paying valid debts and expenses, investing prudently, keeping records, communicating with beneficiaries, and ultimately distributing property…
Who helps our named trustee with next steps after we pass, and what support can a law firm provide versus a trust administrator? – North Carolina Short Answer Under North Carolina law, the named trustee is primarily responsible for handling trust matters after the trust creators die, but that trustee can and often should get…
What happens if the patient is not mentally able to sign—are there emergency options to let a family member act? – North Carolina Short Answer Under North Carolina law, if an adult patient is not mentally able to sign new documents, that person generally cannot create or change a power of attorney at that point.…
How long do I have to file a wrongful death claim from a truck accident, and what evidence should be preserved right away? – North Carolina Short Answer In North Carolina, most wrongful death lawsuits from a tractor‑trailer or truck accident must be filed within two years of the date of death, and only the…
How can I correct a death certificate that wrongly says not married when I have our marriage license? – North Carolina Short Answer In North Carolina, an incorrect marital-status entry on a death certificate can be corrected by submitting an amendment request to the state or county vital records office with proper proof, such as…
What happens to survivor benefits and insurance claims if the death certificate is wrong, and will correcting it delay anything? – North Carolina Short Answer In North Carolina, an incorrect death certificate (for example, listing a decedent as “not married” when they were married) does not erase a lawful marriage or automatically cancel survivor benefits,…
What happens to a home sale or transfer if a second mortgage shows up during the title search? – North Carolina Short Answer In North Carolina, if a previously unknown second mortgage or deed of trust appears in the title search, the closing attorney and settlement agent generally cannot complete the sale or transfer until…
Can the title company obtain payoff statements directly from the lenders, or do I need to request them myself? – North Carolina Short Answer In North Carolina, a title company or closing attorney can usually obtain payoff or short-pay statements directly from mortgage lenders if the property owner signs a written authorization naming them as…
Do I have to pay any part of the buyer’s agent commission under current practices, and how can that be negotiated to help the sale? – North Carolina Short Answer In North Carolina, there is no automatic legal requirement that a seller or trustee must pay a buyer’s agent commission; it is a contract term…
What happens if my parent loses decision‑making capacity before new documents are signed, and what options do we have then? – North Carolina Short Answer Under North Carolina law, once a parent loses the ability to understand and communicate decisions, they generally can no longer sign a valid will, power of attorney, or health care…
Can we ask the lender to pause foreclosure while we market the home, and what documentation do they usually require? – North Carolina Short Answer In North Carolina, a borrower or estate representative can always ask a lender or foreclosure trustee to pause or postpone a foreclosure sale while the property is marketed, but the…
If an heir has a cognitive disability, how do we get a valid signature or court approval to transfer their share? – North Carolina Short Answer Under North Carolina law, an heir with a significant cognitive disability generally cannot sign away a real estate interest unless that person actually understands the transaction. If capacity is…
How do we handle heirs we can’t locate or who live out of state when trying to clear title? – North Carolina Short Answer Under North Carolina law, missing or out-of-state heirs do not stop a title from being cleared, but they do change how the process works. In a negotiated, no-court approach, deeds can…
Once an heir signs a deed giving up their interest, do they still have to be part of any court case about the property? – North Carolina Short Answer Under North Carolina law, once an heir signs and properly records a deed transferring all of that heir’s interest in the property, that person is no…
What steps fix the title and divide the property fairly after a long delay? – North Carolina Short Answer Under North Carolina law, cleaning up title after a long delay usually involves (1) confirming who owns the property under intestate succession or a will, (2) recording the right documents to show those owners in the…
What happens if family members have used or sold property without going through probate? – North Carolina Short Answer Under North Carolina law, heirs technically own real estate at death, but their rights are limited by the estate’s debts and the role of any personal representative. Sales or use of estate property without proper probate…
Do we need to open probate for both my parent and my stepparent to clear the title to the property? – North Carolina Short Answer Under North Carolina law, when a property owner dies without a will, title to real estate passes immediately to the heirs at death, but the public records often must be…
Can I update my will or trust easily later if my circumstances change? – North Carolina Short Answer Under North Carolina law, most wills and revocable living trusts are designed to be changed or revoked during the person’s lifetime, as long as legal formalities are followed and the person has capacity. A will is usually…
Do I need a new survey and legal description before I can file to partition or sell the property? – North Carolina Short Answer Under North Carolina law, a new survey and updated legal description are not required before filing a petition to partition or sell real property. A partition is started as a special…