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.
What steps do I take to obtain or review the bylaws and corporate records of a private family corporation? – North Carolina Short Answer In North Carolina, any shareholder—including a court‑appointed personal representative holding the decedent’s shares—may demand to inspect corporate records. Send a written demand with at least five business days’ notice identifying the…
Can a simple paper document without proper shareholder approval override a decedent’s will of corporate shares? – North Carolina Short Answer Usually no. In North Carolina, corporate shares pass under the will unless there was a valid lifetime transfer or a valid transfer-on-death registration. A plain paper “transfer” does not defeat a will unless the…
How can I confirm whether a share transfer document for my parent’s inherited business interest is legally valid? – North Carolina Short Answer In North Carolina, a transfer of corporate shares is generally valid only if the corporation (or its transfer agent) properly registers the transfer based on required documentation and any lawful transfer restrictions.…
How do I challenge an alleged transfer of estate assets if required procedural approvals weren’t followed? – North Carolina Short Answer In North Carolina, the personal representative (or any interested person) can file an estate proceeding with the Clerk of Superior Court to examine the person holding the asset and ask for an order returning…
Can I challenge a denial based solely on an incorrect marriage listing on the death certificate? – North Carolina Short Answer Yes. In North Carolina, the marital status shown on a death certificate is not conclusive. You can submit contrary proof to the benefit payer, request an amendment to the death certificate through North Carolina…
What happens if a benefits provider denies my claim because of a marital status error? – North Carolina Short Answer In North Carolina, if a benefits provider denies a claim because a death certificate wrongly lists the decedent as “married,” you can challenge the denial by submitting proof the decedent was not married, asking Vital…
How do I allocate or recover land expenses and utility costs from the estate? – North Carolina Short Answer In North Carolina, ongoing land expenses and utilities after death usually belong to the heirs or co‑tenants because real property vests in them at death. The estate may pay and recover only those costs that are…
Can I list the funds I distributed as administrative expenses to avoid formal probate for heirs? – North Carolina Short Answer No. In North Carolina, you cannot reclassify beneficiary distributions as “administrative expenses.” Administrative and attorney fees must be necessary, reasonable, and approved by the Clerk of Superior Court. The clerk audits your accounting and…
How do I get the clerk’s office to approve my own accounting without opening a full probate case? – North Carolina Short Answer In North Carolina, the clerk generally does not “approve” a personal accounting unless there is a formal estate with a personal representative filing an account. To avoid full probate, you can use…
How can I confirm the exact fractional interest held in land as tenants in common? – North Carolina Short Answer In North Carolina, start with the recorded deed and the chain of title. The deed controls the fractional shares; if it is silent about percentages, co-owners are generally treated as holding equal undivided interests. At…
What happens to a reverse-mortgaged home titled in both spouses’ names during probate? – North Carolina Short Answer In North Carolina, a home titled to both spouses—usually as tenants by the entirety—passes automatically to the surviving spouse and does not go through probate. The reverse mortgage remains a lien on the property. The estate does…
What if more than a month passes before starting probate—will it cause legal issues? – North Carolina Short Answer North Carolina does not require you to open probate within 30 days. But delay can create problems: after 90 days, the Clerk of Superior Court may treat higher-priority relatives as having given up their right to…
What steps are required to transfer a parent’s estate interest in land to an heir during probate? – North Carolina Short Answer In North Carolina, a decedent’s share of land generally vests in the heirs or devisees at death. To transfer that share during probate, confirm how title was held, record the probate in the…
Can I avoid court fees when outstanding estate checks return to the estate account? – North Carolina Short Answer Usually, yes. In North Carolina, the Clerk assesses estate fees on personal property first reported on the inventory and on new personal property received since the last account. Returned or voided checks that were never negotiated…
What can I do if my listing realtor withholds or late discloses critical inspection documents? – North Carolina Short Answer In North Carolina, your listing broker must promptly communicate material facts and deliver key documents to you and, when needed, to the other side to avoid misleading anyone. If your broker delays or withholds inspection…
Can I challenge the buyer’s claims about property defects that I disproved with my own inspection? – North Carolina Short Answer Yes. In North Carolina, you can push back on a buyer’s defect claim by providing your own credible inspection and insisting that any repair credits or concessions be supported by evidence and put in…
How can I ensure the buyer’s repair requests are reasonable and avoid unnecessary credits? – North Carolina Short Answer In North Carolina, repairs and credits are negotiable items during the contract’s due diligence period, not automatic entitlements. Keep requests reasonable by limiting them to verified, material defects that affect safety, structure, systems, lender requirements, or…
Will moving a bond into the estate instead of directly to a beneficiary trigger a taxable event? – North Carolina Short Answer In North Carolina, simply retitling or transferring a bond into the estate instead of directly to a beneficiary does not, by itself, create a tax. The taxable event usually happens when the bond…
How do I persuade Medicare to cover a deceased relative’s hospital bill after correcting the death date? – North Carolina Short Answer In North Carolina, get the death date corrected and then ask the provider or Medicare to reprocess the claim using the amended death certificate and medical records. The personal representative should collect itemized…
What are the next steps once the accounting is approved in a probate case? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court approves a final estate accounting, the clerk enters an order discharging the personal representative from further duties. Before and immediately after discharge, the personal representative should ensure…