News and Articles

Page 337 of 673

Partition Action Q&A Series

What documents or property details should we provide to a real estate agent to complete a comparative market analysis for a partition dispute? NC

What documents or property details should we provide to a real estate agent to complete a comparative market analysis for a partition dispute? – North Carolina Short Answer In a North Carolina partition dispute, a real estate agent preparing a comparative market analysis (CMA) usually needs (1) basic ownership and property identification information, (2) accurate…

Read more
Guardianship Q&A Series

What medical letters or records do I need to prove my adult child isn’t able to make medical and financial decisions? NC

What medical letters or records do I need to prove my adult child isn’t able to make medical and financial decisions? – North Carolina Short Answer In North Carolina, a guardianship case is proven with evidence that an adult lacks enough capacity to manage personal affairs (medical decisions) and/or property (money) or to communicate important…

Read more
Probate Q&A Series

If I waive the administrator commission, does that affect taxes or the accounting? NC

If I waive the administrator commission, does that affect taxes or the accounting? – North Carolina Short Answer In North Carolina, waiving an administrator’s (personal representative’s) commission usually makes the probate accounting simpler because the estate does not show a commission expense or a payment to the personal representative. It can also affect taxes because…

Read more
Estate Planning Q&A Series

If my sibling already has a healthcare power of attorney through a veterans program, do we still need a separate medical power of attorney or just the financial one? NC

If my sibling already has a healthcare power of attorney through a veterans program, do we still need a separate medical power of attorney or just the financial one? – North Carolina Short Answer In North Carolina, a valid health care power of attorney (even one signed through a veterans program) can cover medical decision-making,…

Read more
Partition Action Q&A Series

Can the court require the parties to obtain an appraisal or comparative market analysis during a partition action? NC

Can the court require the parties to obtain an appraisal or comparative market analysis during a partition action? – North Carolina Short Answer Yes—North Carolina courts can require the parties to develop and present evidence of the property’s fair market value, and the court can also order steps (like mediation) that often depend on having…

Read more
Probate Q&A Series

If the beneficiary dies after inheriting property, do we have to reopen the original estate or start a new estate for the beneficiary? NC

If the beneficiary dies after inheriting property, do we have to reopen the original estate or start a new estate for the beneficiary? – North Carolina Short Answer In North Carolina, it usually depends on whether the beneficiary actually received (or became legally entitled to) the inheritance before death. If the beneficiary died after the…

Read more
Probate Q&A Series

How long does a probate process usually take when property has to pass through multiple estates or multiple generations? NC

How long does a probate process usually take when property has to pass through multiple estates or multiple generations? – North Carolina Short Answer In North Carolina, a straightforward estate administration often takes months, but “multi-generation” property can take much longer because each deceased owner’s interest may require its own estate file (or other court…

Read more
Probate Q&A Series

How do I figure out who legally owns inherited land when the will says it goes to the last living child but an executor has died and the deed was never updated? NC

How do I figure out who legally owns inherited land when the will says it goes to the last living child but an executor has died and the deed was never updated? – North Carolina Short Answer In North Carolina, inherited land ownership usually turns on whether the will was properly probated and recorded in…

Read more
Go to Top
Free Consultation

Talk with a North Carolina attorney

Tell us a bit about your situation and we'll respond within one business day.