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 will assets be distributed if the contested will is declared invalid and I’m the sole heir? – North Carolina Short Answer In North Carolina, if a will is set aside in a caveat (will contest), the estate is administered as if there were no will. Property then passes under the Intestate Succession Act to…
How can I challenge a will if I suspect it was executed under undue influence and improper witnessing? – North Carolina Short Answer In North Carolina, you challenge a will by filing a “caveat” with the Clerk of Superior Court. You generally must file within three years after the will is probated in common form,…
How can I respond to a partition lawsuit filed by my co-owner? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding before the Clerk of Superior Court in the county where the land sits. You must file a written response by the deadline on your summons to protect your…
How do I claim reimbursement for mortgage payments I made on the property? – North Carolina Short Answer In a North Carolina partition case, you can ask the Clerk of Superior Court to award you a credit from the sale proceeds (or adjust shares) for mortgage payments, taxes, insurance, and necessary repairs you paid to…
How can I negotiate a settlement agreement to sell a co-owned property without filing a court partition? – North Carolina Short Answer In North Carolina, co-owners (tenants in common) may agree in writing to sell inherited real estate privately without filing a partition case. If the estate is still open and the sale occurs within…
How do we choose and agree on a neutral realtor or broker for a joint property sale? – North Carolina Short Answer In North Carolina, co-owners (tenants in common) should put a written, unanimous agreement in place that names a neutral, North Carolina-licensed broker, sets listing terms, and authorizes one person to sign documents for…
Can we complete a valid sale and distribute proceeds if not all co-owners are able to sign off in person? – North Carolina Short Answer In North Carolina, you can close a private sale of the whole property only if every co-owner signs the deed (or authorizes someone to sign for them). If a co-owner…
How can the heirs avoid court costs and real estate commission fees when selling our inherited home? – North Carolina Short Answer In North Carolina, heirs can avoid court costs by agreeing to a private sale without filing a partition case—every co-owner must sign the listing agreement and deed (or authorize someone in writing to…
What happens if one heir has moved and hasn’t been served before we sign a private sale agreement? – North Carolina Short Answer In North Carolina, you cannot complete a private sale of heirs’ property unless every co-owner signs or a court orders the sale. If one heir has moved and hasn’t been served or…
What steps must a personal representative take to resolve inventory errors? – North Carolina Short Answer In North Carolina, fix inventory mistakes by filing a verified supplemental inventory with the Clerk of Superior Court as soon as you discover the issue. Use it to add omitted assets, correct descriptions or date‑of‑death values, and remove items…
How can I correct mistakes in the estate inventory after filing? – North Carolina Short Answer In North Carolina, you correct a filed inventory by submitting a supplemental inventory under oath to the Clerk of Superior Court. You use it to add omitted assets, fix descriptions, or correct valuations. Nonprobate assets (like life insurance payable…
Can a beneficiary force an insurer to pay policy benefits if the estate administration is delayed? – North Carolina Short Answer Yes—if a life insurance policy names a beneficiary, North Carolina law generally requires the insurer to pay that beneficiary once it receives proper proof of death and a completed claim, regardless of the estate’s…
How do I coordinate fixing estate records and securing insurance proceeds for the beneficiary? – North Carolina Short Answer In North Carolina, life insurance payable to a named beneficiary is a nonprobate asset and should not be listed as an estate asset on the inventory. To fix errors, the personal representative files a supplemental inventory…
Can I use a trust to safeguard my inheritance and how do I set one up? – North Carolina Short Answer Yes. In North Carolina, a properly drafted supplemental needs trust can protect an inheritance so it isn’t counted against means-tested benefits like SSI and Medicaid and is harder for most creditors to reach. If…
What type of trust will prevent a five-year Medicaid look-back from clawing back assets? – North Carolina Short Answer In North Carolina, a third-party supplemental needs trust (also called a special needs trust) funded by someone other than the Medicaid recipient is the tool that avoids the five-year look-back clawing back assets. It keeps the…
What are the steps to finalize and notarize a power of attorney? – North Carolina Short Answer In North Carolina, a financial power of attorney must be signed by you and acknowledged before a North Carolina notary. A health care power of attorney must be signed in front of two qualified adult witnesses and a…
How do I add a backup agent in my power of attorney documents? – North Carolina Short Answer In North Carolina, you can name one or more successor (backup) agents directly in your power of attorney documents. For a financial power of attorney, the document must be signed and notarized; for a health care power…
How can I grant my parent authority to manage my bank account under a financial power of attorney? – North Carolina Short Answer In North Carolina, you grant a parent banking authority by signing a financial power of attorney that specifically authorizes banking and financial transactions. You must sign in front of a North Carolina…
Can I file a motion to dismiss if the other side claims they never got my extension request? – North Carolina Short Answer Yes, you can move to dismiss under North Carolina law, but the better first step in a partition case is usually to ask the Clerk of Superior Court to order joinder of…
What happens if a necessary party like a mortgage lender is left out of a partition lawsuit? – North Carolina Short Answer In North Carolina, a partition case should include any person whose rights will be affected by the division or sale, including a mortgage lender or deed-of-trust beneficiary. If a necessary party is omitted,…