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 pursue a wrongful death claim for my adult child who died from a post-surgical infection? – North Carolina Short Answer In North Carolina, only the court‑appointed personal representative of the decedent’s estate can file a wrongful death lawsuit, usually in Superior Court. Most healthcare‑related cases also require a pre‑filing medical review certification…
Can I hold social services liable for neglect that contributed to my child’s unsafe living conditions? – North Carolina Short Answer Under North Carolina law, a wrongful death claim may be brought against a government agency only in limited situations. The child’s estate’s personal representative must file the claim, and recovery depends on overcoming governmental…
How is each co-owner’s equity interest calculated when one has paid more toward the mortgage? – North Carolina Short Answer In North Carolina partition matters, start with each owner’s deeded share, then calculate net equity (fair market value minus liens and sale costs) and adjust for contributions and benefits. A co-owner who paid mortgage principal,…
Can I pay overdue property taxes for the heirs and secure the land purchase? – North Carolina Short Answer In North Carolina, paying someone else’s delinquent property taxes does not create ownership or a lien by itself. Title to an intestate owner’s land vests in the heirs, and a valid sale typically happens either by…
How does intestate succession work for predeceased heirs’ children? – North Carolina Short Answer In North Carolina, when someone dies without a will, the share that a deceased child would have received passes to that child’s descendants by representation (often called per stirpes). Each “branch” gets the deceased child’s share, split equally among descendants of…
How can I clear title to buy land still held in a deceased owner’s name? – North Carolina Short Answer In North Carolina, title to a deceased person’s real estate vests in the heirs or devisees at death. To deliver clear title for a sale, one of three paths usually works: (1) open an estate…
What options exist for challenging a lifetime rights note on the deed? – North Carolina Short Answer In North Carolina, a “lifetime rights” note usually means a life estate or right to occupy. It can be cleared if the life tenant has died (by recording proof of death), limited or interpreted by a court through…
What legal steps are needed to transfer or sell property when a life estate remains in effect? – North Carolina Short Answer In North Carolina, fee simple title cannot be conveyed unless the life tenant and all remaindermen join the deed, or a court authorizes a sale free of the life estate. A remainderman may…
Can I buy out the life tenant’s interest to accelerate the sale of the property? – North Carolina Short Answer Yes. Under North Carolina law, a remainderman and a life tenant can agree to a voluntary buyout of the life estate. Once the remainderman acquires the life tenant’s interest, the interests merge into full ownership,…
How do I determine the value of a life estate interest for an investor offer? – North Carolina Short Answer In North Carolina, the standard way to value a life estate is to use the state’s statutory life expectancy and annuity tables at a 6% rate. Start with the property’s fair market value (minus liens),…
How is my share of the sale proceeds calculated when a co-owner has a life estate? – North Carolina Short Answer In North Carolina, when property subject to a life estate is sold in a partition, the Clerk of Superior Court typically divides the net sale proceeds by converting the life estate to its present…
What rights do other potential heirs have if they aren’t listed on official records? – North Carolina Short Answer In North Carolina, a person who qualifies as an heir under the intestacy laws has inheritance rights whether or not that person appears on any deed, tax roll, or court record. The Clerk of Superior Court…
Can I be appointed administrator if I’m one of two heirs and others aren’t on the birth record? – North Carolina Short Answer Yes. In North Carolina, any qualified heir may apply to be the administrator of an intestate estate, and when equally entitled applicants exist (such as two children), the Clerk of Superior Court…
Can I limit a power of attorney to specific decisions or transactions? – North Carolina Short Answer Yes. North Carolina law allows a power of attorney (financial or health care) to be narrowly tailored to specific tasks, decisions, or time periods. The document can grant only selected powers, exclude others, and even condition when it…
How can I become legal guardian of my family member with schizophrenia in an assisted living facility? – North Carolina Short Answer In North Carolina, a relative or other interested person may petition the Clerk of Superior Court to have an adult adjudicated incompetent and to be appointed as guardian. The court requires clear, cogent,…
Can I access my family member’s medical records and bank account information to manage their care and benefits? – North Carolina Short Answer Under North Carolina law, a family member generally cannot access another adult’s medical or bank records unless authorized by the person, a court order, or formal appointment as guardian. Before appointment, records…
Can court costs in a partition sale be deducted from the sale proceeds or do I need to pay them upfront? – North Carolina Short Answer In North Carolina, basic filing fees and some service or publication costs must typically be advanced to start the case, but most court-approved “costs of the proceeding” and sale…
How can I confirm who holds the original deed and what exhibits are needed for a partition action? – North Carolina Short Answer In North Carolina, the county Register of Deeds keeps the official recorded deed; the grantee may retain the paper original after recording. For a partition filing, a certified copy of the recorded…
What happens if the co-owner fails to respond to the partition petition? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding before the Clerk of Superior Court. If a co-owner is properly served and does not answer by the deadline on the special proceeding summons (often 10 days), there…
What steps should I prepare for at the hearing if there’s no response? – North Carolina Short Answer In North Carolina partition cases, the Clerk of Superior Court will still hold a hearing even if a co-owner does not answer. There is no automatic default; the petitioner must prove co-ownership and entitlement to partition, and…