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 transfer property still titled in my grandparent’s name when no probate was filed? – North Carolina Short Answer In North Carolina, title to real estate generally passes at death to the heirs (if no will) or to the devisees (if there is a will that is probated). If there is a will,…
What steps do I need to retitle inherited property into my relative’s name? – North Carolina Short Answer In North Carolina, title to real estate passes at death to the heirs (if no will) or to the devisees (if there is a will, once it is probated). Decades later, you typically either: (1) probate the…
How do I handle a seller who directs all communication to their lawyer? – North Carolina Short Answer In North Carolina, once a seller says they are represented, route deal-related communications through the seller’s attorney. That approach respects legal boundaries and keeps negotiations organized. Get your own attorney involved to clarify the “garage” issue in…
How can I manage my parent’s finances and medical care while keeping siblings informed and involved? – North Carolina Short Answer In North Carolina, if your parent still understands and can sign, the fastest path is to set up financial and health care powers of attorney and HIPAA releases. If your parent cannot consent, you…
What are the costs and timeline differences between setting up a power of attorney versus a guardianship? – North Carolina Short Answer In North Carolina, a power of attorney (POA) is usually faster and less expensive because it is a private document signed (and for financial POAs, notarized) without court involvement. Guardianship requires a court…
What steps can I take to stop my co-agent from spending my parent’s money on personal expenses? – North Carolina Short Answer In North Carolina, you can file a petition with the Clerk of Superior Court to compel an accounting from the agent, require proof of every expenditure, and ask to limit, suspend, or remove…
How can I remove my sibling as primary healthcare agent under my parent’s power of attorney? – North Carolina Short Answer In North Carolina, you cannot directly “remove” a health care agent unless the parent (the principal) has capacity to revoke and sign a new health care power of attorney. If the parent lacks capacity,…
What legal process allows me to get a court order to require a home health aide in my parent’s home? – North Carolina Short Answer In North Carolina, you typically obtain this relief through a guardianship proceeding before the Clerk of Superior Court. You ask the court to declare your parent incompetent and appoint a…
How do I enforce my parent’s power of attorney across two jurisdictions? – North Carolina Short Answer North Carolina generally honors a power of attorney that was validly executed in another state and gives you court tools to make institutions and co-agents follow the document. If a relative misuses funds or refuses needed care, you…
How do I ensure the living trust covers all assets so no one is left out? – North Carolina Short Answer In North Carolina, a revocable living trust only avoids probate for assets that are actually titled in the name of the trustee or that flow to the trust by beneficiary designation. To ensure nothing…
What steps do I need to update or validate my parent’s living will and power of attorney? – North Carolina Short Answer In North Carolina, a valid living will and health care/financial power of attorney must be properly signed, witnessed, and notarized, and they can be replaced by signing new documents. Update them while your…
How can I set up a trust to hold my business assets, real estate, and equipment? – North Carolina Short Answer In North Carolina, you create a written trust agreement, name a trustee, and then retitle each asset into the trustee’s name. Real estate moves by a new deed recorded with the Register of Deeds;…
How do I set up a financial power of attorney to manage my assets if I become incapacitated? – North Carolina Short Answer In North Carolina, you create a durable financial power of attorney by signing a written document before a notary that names an agent and describes the agent’s powers. It can take effect…
What authority does a medical power of attorney give my agent when I can’t speak with my doctor? – North Carolina Short Answer In North Carolina, a valid health care power of attorney lets your chosen agent make medical decisions for you when you cannot understand, make, or communicate those decisions. After a clinician determines…
What are the key tax implications of creating an irrevocable trust instead of a revocable one? – North Carolina Short Answer Under North Carolina law, a revocable trust is ignored for income and estate tax purposes during your life; assets remain yours, are included in your taxable estate at death, and typically receive a step-up…
Do I have to pay annual maintenance fees or taxes on a revocable trust? – North Carolina Short Answer In North Carolina, you do not pay annual court maintenance fees or file annual accountings for a revocable living trust unless your trust document requires it. During your lifetime, a revocable trust is usually a grantor…
How can I set up a trust to hold my properties in multiple jurisdictions? – North Carolina Short Answer In North Carolina, you create a revocable living trust and then retitle each property into the trustee’s name, recording a deed in the county where the property sits. For North Carolina real estate, you sign and…
Can I name my friend as my agent and what happens if they cannot serve? – North Carolina Short Answer Yes. In North Carolina, you may name a trusted adult friend to act under a financial power of attorney and a health care power of attorney. If your named agent cannot or will not serve…
What counts as a valid signature if my hand is too weak to sign normally? – North Carolina Short Answer In North Carolina, you may still execute estate planning documents even if you cannot sign in your usual handwriting. You can sign with a simple mark (like an “X”) if you intend it as your…
How does having a lady bird deed or life estate affect my ownership share in a partition action? – North Carolina Short Answer In North Carolina, a life estate gives the life tenant the right to possess and use the property during their lifetime; it does not give them a fee-simple percentage for partition. If…