News and Articles

Page 411 of 659

Dec 16, 2025

What steps and documents are needed to transfer the other owner’s interest with a quitclaim deed held by the closing attorney while my refinance is processed? NC

What steps and documents are needed to transfer the other owner’s interest with a quitclaim deed held by the closing attorney while my refinance is processed? – North Carolina Short Answer In North Carolina, transferring a co-owner’s interest with a quitclaim deed during a refinance usually means: (1) the co-owner signs a properly notarized quitclaim…

Partition Action Q&A Series

Dec 16, 2025

How is a guardian ad litem appointed, and what happens after the court signs the order? NC

How is a guardian ad litem appointed, and what happens after the court signs the order? – North Carolina Short Answer In a North Carolina partition case, the court appoints a guardian ad litem (GAL) when a required party cannot be identified or located after due diligence, or when a party is a minor or…

Real Estate Q&A Series

Dec 16, 2025

How do I check whether an estate was ever opened for my relative in the county where they lived? NC

How do I check whether an estate was ever opened for my relative in the county where they lived? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court handles probate and keeps an indexed estate file list that is generally open for public inspection. To check whether an estate was opened,…

Estate Planning Q&A Series

Dec 16, 2025

How can we set up a revocable living trust for our home along with a will as a couple? NC

How can we set up a revocable living trust for our home along with a will as a couple? – North Carolina Short Answer In North Carolina, a couple usually sets up a revocable living trust for a home by (1) signing a written trust agreement that names the trustees and beneficiaries and explains how…

Probate Q&A Series

Dec 16, 2025

Do funeral or cremation costs get reimbursed before other debts, and what proof do I need? NC

Do funeral or cremation costs get reimbursed before other debts, and what proof do I need? – North Carolina Short Answer In North Carolina, a decedent’s estate generally pays valid estate expenses and claims in a set order of priority. Reasonable funeral/cremation expenses are a high-priority category, but they are not first—costs and expenses of…

Guardianship Q&A Series

Dec 16, 2025

How do I become the guardian of the estate so I can manage my parent’s finances if I’m already the guardian of the person? NC

How do I become the guardian of the estate so I can manage my parent’s finances if I’m already the guardian of the person? – North Carolina Short Answer In North Carolina, being guardian of the person does not automatically give authority to manage a parent’s money. To handle finances, the clerk of superior court…

Surplus Funds Q&A Series

Dec 16, 2025

Am I allowed to bid on the property at the foreclosure auction while I’m an heir living there, and would that affect any surplus funds? NC

Am I allowed to bid on the property at the foreclosure auction while I’m an heir living there, and would that affect any surplus funds? – North Carolina Short Answer In North Carolina, an heir who lives in a home being foreclosed generally may bid at the foreclosure sale just like any other buyer, as…

Partition Action Q&A Series

Dec 16, 2025

Do I need to open probate or clear title before selling inherited land that has no liens but is still co-owned? – NC

Do I need to open probate or clear title before selling inherited land that has no liens but is still co-owned? – North Carolina Short Answer Usually, yes—some form of “title cleanup” is needed before a normal sale can close in North Carolina when inherited land is still owned by multiple heirs and not everyone…

Probate Q&A Series

Dec 16, 2025

How do I access or transfer funds from a bank account that has no beneficiary when my spouse died without a will and the bank won’t give me information? NC

How do I access or transfer funds from a bank account that has no beneficiary when my spouse died without a will and the bank won’t give me information? – North Carolina Short Answer In North Carolina, a bank account that was only in a deceased spouse’s name and has no payable-on-death (beneficiary) designation is…

Family Law Q&A Series

Dec 16, 2025

How do I start the divorce process and what paperwork do I need? – NC

How do I start the divorce process and what paperwork do I need? – North Carolina Short Answer In North Carolina, most people start the divorce process by filing a verified Divorce Complaint (typically for “absolute divorce”) in the Clerk of Superior Court in the county where either spouse lives, then having the other spouse…

Guardianship Q&A Series

Dec 16, 2025

Do I need a separate case to help my parent with dementia? – NC

Do I need a separate case to help my parent with dementia? – North Carolina Short Answer Yes. In North Carolina, a guardianship (or an incompetency/guardianship case) is tied to one specific person, so helping a parent with dementia requires a separate court file from any guardianship for an adult child. The Clerk of Superior…

Partition Action Q&A Series

Dec 16, 2025

Do I have any rights to the specific homesite where my manufactured home sits if the land title is jointly owned? NC

Do I have any rights to the specific homesite where my manufactured home sits if the land title is jointly owned? – North Carolina Short Answer In North Carolina, joint owners (cotenants) generally each have the right to enter, occupy, and use the whole property, but that does not automatically create a legal right to…

Probate Q&A Series

Dec 16, 2025

If the home was deeded to both spouses with survivorship, is it outside the estate, and how do we update the tax records and proceed with a sale? – NC

If the home was deeded to both spouses with survivorship, is it outside the estate, and how do we update the tax records and proceed with a sale? – North Carolina Short Answer Often yes. In North Carolina, if spouses held the home with a survivorship form of ownership (most commonly tenancy by the entirety),…

Probate Q&A Series

Dec 16, 2025

Do I need to do anything special with our joint bank accounts, such as closing them or notifying the bank, after my spouse’s death? – NC

Do I need to do anything special with our joint bank accounts, such as closing them or notifying the bank, after my spouse’s death? – North Carolina Short Answer In North Carolina, a true joint account with a clear right of survivorship usually belongs to the surviving joint owner at death, so it often does…

Probate Q&A Series

Dec 16, 2025

What rights does a long‑term, unmarried partner have to remain in the home and continue using jointly titled property when the other partner dies without a will? – NC

What rights does a long‑term, unmarried partner have to remain in the home and continue using jointly titled property when the other partner dies without a will? – North Carolina Short Answer In North Carolina, an unmarried partner generally does not inherit anything when the other partner dies without a will. Whether the surviving partner…

Estate Planning Q&A Series

Dec 16, 2025

Do we also need adult guardianship, supported decision-making, or powers of attorney when our child reaches 18, and how do those interact with the trust? NC

Do we also need adult guardianship, supported decision-making, or powers of attorney when our child reaches 18, and how do those interact with the trust? – North Carolina Short Answer Often, yes. In North Carolina, when a child turns 18, parents generally no longer have automatic legal authority to access medical information, make health care…

Partition Action Q&A Series

Dec 16, 2025

Can the property taxes and upkeep I’ve paid be credited toward any buyout amount or settlement? NC

Can the property taxes and upkeep I’ve paid be credited toward any buyout amount or settlement? – North Carolina Short Answer Often, yes. In North Carolina, when family members co-own a home, a co-owner who pays necessary carrying costs like property taxes (and sometimes insurance or necessary repairs) can usually ask for an “accounting” so…

Family Law Q&A Series

Dec 16, 2025

Do I have to go to court in person, or can the divorce be handled remotely? NC

Do I have to go to court in person, or can the divorce be handled remotely? – North Carolina Short Answer In North Carolina, many uncontested divorces can be finalized without an in-person court appearance, because the court can decide the required facts based on sworn paperwork (such as affidavits) or a short hearing. Whether…

Estate Planning Q&A Series

Dec 16, 2025

Can I receive income and use the assets in the trust for my own support while also providing for a parent and nieces and nephews? NC

Can I receive income and use the assets in the trust for my own support while also providing for a parent and nieces and nephews? – North Carolina Short Answer Yes—under North Carolina law, a trust can be written so one person (such as the person creating the plan) can receive trust income and, if…

Probate Q&A Series

Dec 16, 2025

Can my attorney sign and file the year’s allowance petition for me if I am abroad, and what proof of authority is required? – NC

Can my attorney sign and file the year’s allowance petition for me if I am abroad, and what proof of authority is required? – North Carolina Short Answer In North Carolina, a surviving spouse’s claim for a year’s allowance generally must be filed by the surviving spouse or by the spouse’s agent under a durable…

Probate Q&A Series

Dec 16, 2025

What deadlines and filing steps should I know about for a year’s allowance during probate? NC

What deadlines and filing steps should I know about for a year’s allowance during probate? – North Carolina Short Answer In North Carolina, a surviving spouse usually claims a year’s allowance by filing a verified petition with the Clerk of Superior Court in the county where the estate has proper venue. If a personal representative…

Real Estate Q&A Series

Dec 16, 2025

Can I bring a partition action to force a sale or division if co1owners won1t cooperate and one person has lifetime rights to the house? NC

Can I bring a partition action to force a sale or division if co1owners won1t cooperate and one person has lifetime rights to the house? – North Carolina Short Answer Yes. In North Carolina, a co-owner can file a partition case when other co-owners refuse to cooperate, and the court can order either a physical…

Probate Q&A Series

Dec 16, 2025

Who is allowed to request estate account records — the personal representative, the attorney, or heirs? – NC

Who is allowed to request estate account records — the personal representative, the attorney, or heirs? – North Carolina Short Answer In North Carolina, the person with clear legal authority to request estate bank account records is the court-appointed personal representative (executor or administrator) acting under issued Letters. The personal representative’s attorney can usually request…

Probate Q&A Series

Dec 16, 2025

How long does probate typically take for real estate and what are the main steps? NC

How long does probate typically take for real estate and what are the main steps? – North Carolina Short Answer In North Carolina, a straightforward probate (estate administration) that involves real estate often takes around 9–18 months, but it can be shorter or longer depending on creditor issues, property readiness for sale, and how quickly…