What happens if the other parent moves in with a new partner and it affects our current custody schedule? – North Carolina Short Answer In North Carolina, a parent moving in with a new partner does not automatically change custody or visitation. If the move (or the new household) creates a substantial change in circumstances…
Read moreHow do I revise a parenting plan that was filed by agreement but is not a court custody order? – North Carolina Short Answer In North Carolina, a parenting plan that was signed and “filed” by agreement but never entered as a court custody order can usually be revised the same way it was created:…
Read moreWill transferring a house with a home equity line of credit into a trust trigger a due-on-sale clause or other lender problems? – North Carolina Short Answer Usually, transferring a North Carolina primary residence into the homeowner’s own revocable living trust does not trigger a due-on-sale clause under federal law, as long as the borrower…
Read moreHow do I put my home into a revocable living trust, and what documents are usually needed to make it effective? – North Carolina Short Answer In North Carolina, a home usually gets into a revocable living trust by signing a new deed that transfers the property from the current owner’s individual name to the…
Read moreCan I take over my deceased parent’s mortgage on an inherited condo without refinancing if I’m the sole heir and I live in the unit? – North Carolina Short Answer Often, yes in practice: many lenders will allow an heir who inherits and occupies the property to keep making payments without forcing an immediate refinance.…
Read moreWhat happens if we have another child after we sign our wills—do we need to update them right away? – North Carolina Short Answer In North Carolina, having another child after signing a will usually does not revoke the will. But an after-born (or after-adopted) child may still have a legal right to receive an…
Read moreWhat do I need to include in a final accounting to show all estate expenses and creditor issues are resolved? – North Carolina Short Answer In North Carolina, a final accounting should clearly show (1) every dollar that came into the estate, (2) every estate expense and creditor payment that went out, and (3) that…
Read moreHow do I confirm whether a deceased person’s credit-card debt is valid and properly documented before the estate pays it? – North Carolina Short Answer In North Carolina, an estate generally should not pay an alleged credit-card debt just because a collector calls or sends a balance. The safer approach is to require a timely,…
Read moreCan my will reduce one child’s inheritance to account for money they already took while I’m still alive? – North Carolina Short Answer Yes. In North Carolina, a will can be written to reduce (or offset) a child’s share to account for money or property that child already received during the parent’s lifetime. The safest…
Read moreWho is legally allowed to bring a wrongful death claim when the person who died had children with more than one parent? – North Carolina Short Answer In North Carolina, a wrongful death claim must be brought by the decedent’s personal representative (an executor named in a will or an administrator appointed by the Clerk…
Read moreDoes the probate inventory decide who gets specific property, or is it just a list of what the person owned when they died? – North Carolina Short Answer In North Carolina, the probate inventory does not decide who receives specific items. The inventory is mainly a required filing that lists and values the property the…
Read moreWhat are my options if multiple people claim an ownership interest in the same property? – North Carolina Short Answer In North Carolina, when more than one person claims an ownership interest in the same real property, the usual options are (1) a negotiated fix (like a deed correction or settlement), (2) a court case…
Read moreWhat probate filings are required for the inventory, accounting, and final distribution, and what information do we need to gather to complete them? – North Carolina Short Answer In North Carolina, the personal representative (administrator in an intestate estate) generally must file (1) an Inventory with the Clerk of Superior Court within three months after…
Read moreHow do I request information about a deceased person’s safe deposit box during estate administration? – North Carolina Short Answer In North Carolina, a bank generally will not confirm or disclose safe deposit box information (or release box contents) based only on a private “authorization” letter. The usual path is for the estate’s court-appointed personal…
Read moreHow do I notify a credit card company that the account holder died during probate? – North Carolina Short Answer In North Carolina probate, the safest way to notify a credit card company is to send a written notice that identifies the decedent, identifies the estate’s personal representative, and asks the creditor to provide a…
Read moreHow do I record a deceased relative’s will so the property transfer doesn’t create a title problem? – North Carolina Short Answer In North Carolina, the clean way to avoid a chain-of-title problem is to have the will admitted to probate by the Clerk of Superior Court and then make sure the probate (or certified…
Read moreWhat happens if the other parent refuses to agree to a 50-50 custody schedule? – North Carolina Short Answer In North Carolina, one parent does not have to “agree” to a 50-50 schedule for it to be possible. If the parents cannot agree, the dispute usually moves into a custody case where the court can…
Read moreHow do I confirm the title is in my name and there are no issues with the deed? – North Carolina Short Answer In North Carolina, the practical way to confirm title is to pull the most recent recorded deed for the parcel from the county Register of Deeds and then verify (1) the owner…
Read moreDo I need to go back to court to change a parenting plan we already filed, or can we modify it by agreement? – North Carolina Short Answer In North Carolina, parents can agree to change a parenting plan, but if the plan is part of a court order (including a consent order), the safest…
Read moreDo I need to file a new custody case to change our parenting schedule if we can’t agree? – North Carolina Short Answer In North Carolina, if there is no existing custody court order (only a private parenting plan that was not entered by a judge), a parent typically must file a new child custody…
Read moreWhat happens if a deceased spouse is still listed on the deed when I’m trying to move the property into a trust? – North Carolina Short Answer In North Carolina, a house generally cannot be deeded into a revocable living trust until the living owner has clear authority to sign the deed. If a deceased…
Read moreIf my will leaves the house to my children, does the house still have to go through probate if it’s only in my name? – North Carolina Short Answer Usually, yes. In North Carolina, if a house is titled only in the owner’s name at death, the will generally must be probated so the will…
Read moreWhat happens to our children’s inheritance if we only have wills and our kids are still minors when we die? – North Carolina Short Answer In North Carolina, minor children generally cannot receive and control an inheritance outright. If a will leaves assets directly to a minor, the inheritance usually has to be managed by…
Read moreHow can we name a guardian for our children in our wills if something happens to both parents? – North Carolina Short Answer In North Carolina, each parent can use a will to recommend who should serve as guardian for minor children if both parents are gone. The Clerk of Superior Court makes the official…
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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.
