News and Articles

Page 398 of 885

Guardianship Q&A Series · Feb 25, 2026

What does the court look at when deciding whether a family member is an appropriate successor guardian for an adult with serious safety and mental-health concerns? NC

What does the court look at when deciding whether a family member is an appropriate successor guardian for an adult with serious safety and mental-health concerns? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court focuses on who can most suitably serve as guardian and what arrangement is in the adult…

Partition Action Q&A Series · Feb 25, 2026

Can I get my name removed from the deed without the other co-owner agreeing to a buyout or refinance? NC

Can I get my name removed from the deed without the other co-owner agreeing to a buyout or refinance? – North Carolina Short Answer Usually, no. In North Carolina, a co-owner generally cannot be “removed” from a deed unless that co-owner signs a deed transferring their ownership interest (or a court order transfers the interest).…

Probate Q&A Series · Feb 25, 2026

What happens if the estate underpaid taxes tied to a retirement account payout, and how can it be corrected? NC

What happens if the estate underpaid taxes tied to a retirement account payout, and how can it be corrected? – North Carolina Short Answer In North Carolina, if an estate underpaid income taxes connected to a retirement account payout, the estate can usually correct it by filing an amended fiduciary income tax return and paying…

Family Law Q&A Series · Feb 25, 2026

How do I establish my parental rights if the other parent and I were never married? NC

How do I establish my parental rights if the other parent and I were never married? – North Carolina Short Answer In North Carolina, an unmarried parent usually establishes enforceable parental rights by first establishing legal parentage (most often paternity) and then obtaining a custody order. Parentage can be established by a signed affidavit of…

Family Law Q&A Series · Feb 25, 2026

How does court-ordered mediation work in a custody case, and when is it required? NC

How does court-ordered mediation work in a custody case, and when is it required? – North Carolina Short Answer In North Carolina, when a custody or visitation case has a contested issue, the District Court typically sends the parents to the court’s Custody and Visitation Mediation Program before the case is set for a final…

Probate Q&A Series · Feb 25, 2026

What documents should a creditor provide to support a claim against an estate before the estate pays or settles it? NC

What documents should a creditor provide to support a claim against an estate before the estate pays or settles it? – North Carolina Short Answer In North Carolina, a creditor’s claim against an estate must be in writing and must state the amount claimed (or other relief sought), the basis for the claim, and the…

Probate Q&A Series · Feb 25, 2026

Can the property be sold with the proceeds paid into the estate first, and then divided among the heirs later? NC

Can the property be sold with the proceeds paid into the estate first, and then divided among the heirs later? – North Carolina Short Answer Sometimes, yes—but it depends on who has legal authority to sell and whether all owners can sign. In North Carolina, when a spouse dies without a will and the home…

Probate Q&A Series · Feb 25, 2026

Can a tax refund be applied to reduce a joint tax debt when one spouse has died? NC

Can a tax refund be applied to reduce a joint tax debt when one spouse has died? – North Carolina Short Answer Yes—under North Carolina law, a tax refund connected to a joint return can be used to reduce a joint tax debt, even if one spouse has died. A surviving spouse and a decedent’s…

Probate Q&A Series · Feb 25, 2026

If there is no will, do tenants have any way to object in probate to keep living in the home or receive the property? NC

If there is no will, do tenants have any way to object in probate to keep living in the home or receive the property? – North Carolina Short Answer Usually, no. In North Carolina, if the owner dies without a will, the home generally passes to the owner’s legal heirs under the intestate succession rules—not…

Probate Q&A Series · Feb 25, 2026

If my parent owned land and there are multiple children, how do we transfer the title into the heirs’ names? NC

If my parent owned land and there are multiple children, how do we transfer the title into the heirs’ names? – North Carolina Short Answer In North Carolina, land owned in a parent’s sole name usually passes to the heirs (or to the people named in a valid will), but the title often cannot be…

Partition Action Q&A Series · Feb 25, 2026

Can the court appoint someone to sell the property even if one owner doesn’t agree with the sale? NC

Can the court appoint someone to sell the property even if one owner doesn’t agree with the sale? – North Carolina Short Answer Yes. In North Carolina, if a partition case is filed and the court decides the property should be sold (instead of physically divided), the court can appoint a commissioner to handle the…

Guardianship Q&A Series · Feb 25, 2026

If a family member disagrees with the guardian’s restrictions or believes the guardian is not communicating enough, what options are available besides changing the guardianship? NC

If a family member disagrees with the guardian’s restrictions or believes the guardian is not communicating enough, what options are available besides changing the guardianship? – North Carolina Short Answer In North Carolina, a family member often has options short of replacing the guardian. Common paths include asking the guardian for a clearer communication plan,…

Probate Q&A Series · Feb 25, 2026

Can I sign a deed in my role as executor or administrator without personally guaranteeing anything about the property? NC

Can I sign a deed in my role as executor or administrator without personally guaranteeing anything about the property? – North Carolina Short Answer Yes—often a North Carolina executor or administrator can sign a deed in a fiduciary capacity that does not make personal promises about the property’s title. The key is using the right…

Probate Q&A Series · Feb 25, 2026

What happens if someone used a power of attorney to change a retirement or pension beneficiary, and can that be challenged? NC

What happens if someone used a power of attorney to change a retirement or pension beneficiary, and can that be challenged? – North Carolina Short Answer In North Carolina, a power of attorney (POA) agent cannot automatically change a retirement or pension beneficiary just because the POA is “broad.” Many beneficiary changes require specific authority…

Probate Q&A Series · Feb 25, 2026

If my co-executor sibling is hands-off, can I handle the estate alone and what paperwork is needed to do that properly? NC

If my co-executor sibling is hands-off, can I handle the estate alone and what paperwork is needed to do that properly? – North Carolina Short Answer Sometimes. In North Carolina, if a will names co-executors, the Clerk of Superior Court usually expects both to qualify and act unless one co-executor formally steps aside (renounces), resigns…

Family Law Q&A Series · Feb 25, 2026

How do I revise a parenting plan to add rules about introducing a new romantic partner to our child? NC

How do I revise a parenting plan to add rules about introducing a new romantic partner to our child? – North Carolina Short Answer In North Carolina, adding “new partner introduction” rules usually means changing a custody/visitation order (often called a parenting plan). If both parents agree, the simplest path is to put the new…

Partition Action Q&A Series · Feb 25, 2026

How is the sale money divided when two people co-own a home but contributed different amounts to the mortgage or upkeep? NC

Recent Legal Update Updated: April 2026 North Carolina added and clarified cotenancy rules in 2024 through N.C. Gen. Stat. §§ 41-85 and 41-86. Earlier guidance often relied more generally on partition principles and Chapter 46A contribution rules. The newer statutes now expressly address how cotenants share rents and profits, when a cotenant can obtain reimbursement…

Real Estate Q&A Series · Feb 25, 2026

Will transferring the condo into my name trigger the lender’s due-on-sale clause even if the property was inherited through a will? NC

Will transferring the condo into my name trigger the lender’s due-on-sale clause even if the property was inherited through a will? – North Carolina Short Answer Usually, no. In most residential mortgage situations, a lender cannot enforce a due-on-sale clause just because title is transferred to a relative resulting from the death of a borrower…

Real Estate Q&A Series · Feb 25, 2026

What documents should I gather to prove ownership when there are conflicting deeds for the same property? NC

What documents should I gather to prove ownership when there are conflicting deeds for the same property? – North Carolina Short Answer In North Carolina, proving ownership when there are conflicting deeds usually starts with building a clean paper trail: the full chain of title from the public records, the recorded deed(s) in conflict, and…

Probate Q&A Series · Feb 25, 2026

What happens if the life insurance proceeds are not enough to cover the funeral and other estate expenses? NC

What happens if the life insurance proceeds are not enough to cover the funeral and other estate expenses? – North Carolina Short Answer In North Carolina, life insurance proceeds usually go directly to the named beneficiary and are not estate money. If those proceeds are not enough to cover the funeral and other estate expenses,…

Probate Q&A Series · Feb 25, 2026

What can I do if I believe there is a will but the heir refuses to produce it? NC

What can I do if I believe there is a will but the heir refuses to produce it? – North Carolina Short Answer In North Carolina, a person who has a deceased person’s will is not supposed to keep it hidden. If there are facts showing a will exists and someone in North Carolina has…

Probate Q&A Series · Feb 25, 2026

Can the surviving spouse sell a home that was titled only in the decedent’s name, and do the children have to sign off on the sale? NC

Can the surviving spouse sell a home that was titled only in the decedent’s name, and do the children have to sign off on the sale? – North Carolina Short Answer Usually, not immediately and not by the surviving spouse alone. In North Carolina, if the home was titled only in the decedent’s name and…

Real Estate Q&A Series · Feb 25, 2026

Can a land survey be reused for a property transaction, or do I need a new survey? NC

Can a land survey be reused for a property transaction, or do I need a new survey? – North Carolina Short Answer In North Carolina, an existing survey can sometimes be reused in a later property transaction, but it depends on what the closing requires and whether the survey still matches the property as it…

Family Law Q&A Series · Feb 25, 2026

If we reach an agreement, how can we turn it into a court order that can be enforced? NC

If we reach an agreement, how can we turn it into a court order that can be enforced? – North Carolina Short Answer In North Carolina, parents usually turn an agreement into an enforceable court order by filing a custody case in District Court and asking the judge to sign the agreement as a written…

Attorney Jared Pierce

Free case evaluation

Articles are a starting point, not legal advice. Talk through the specifics of your case with a North Carolina attorney — the case evaluation is always free.

Call (919) 341-7055 Request a Consultation

Page 398 of 885

Questions about your situation?