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 enforce my custody order after the other parent moved and the new court can’t find the transferred case? – North Carolina Short Answer Under North Carolina law, when a child custody order from another jurisdiction needs enforcement here and the “transferred” case file cannot be located, the usual path is to treat…
What happens with rent from the person living in the home during a partition case, especially if payments are late? – North Carolina Short Answer In a North Carolina partition case, rent paid by a third-party occupant is generally treated as income of the co-owned property and belongs to all co-owners in proportion to their…
What happens at a child support review when we share equal custody and my income has changed? – North Carolina Short Answer At a North Carolina child support review with 50/50 physical custody, the court or child support hearing officer recalculates support under the state Child Support Guidelines using both parents’ current incomes and the…
Do I have to file the partition case where the property is located if I live in another state? – North Carolina Short Answer Under North Carolina law, a partition case for real estate must be filed in the North Carolina county where the property is located, even if the co-owner bringing the case lives…
How can we sell our deceased parent’s house and split the proceeds equally without going to court? – North Carolina Short Answer In North Carolina, heirs can often sell a deceased parent’s house and split the proceeds equally without filing a partition action if (1) everyone who owns an interest agrees in writing, (2) the…
What happens if a real estate agent is hesitant because the deed still lists the deceased owner? – North Carolina Short Answer Under North Carolina law, title to real property passes at death to the heirs or the persons named in a will, but the deed in the land records does not change automatically. A…
How do I document conflicts and communicate safely if the other parent hints at taking me to court? – North Carolina Short Answer Under North Carolina family law, careful documentation and calm, business-like communication are critical when a co-parent talks about going back to court. Parents should keep clear, date-stamped records of exchanges, follow the…
What evidence should I gather to prove the deceased was still married and lived at a different address? – North Carolina Short Answer Under North Carolina probate practice, incorrect marital status or address on a death certificate can usually be overcome by gathering independent proof of the true facts. Useful evidence often includes the marriage…
Do beneficiary designations on an annuity override my will, and is there any reason to restate them in my will? – North Carolina Short Answer In North Carolina, a properly completed beneficiary designation on an annuity is a contract and normally controls who receives the annuity at death, even if the will says something different.…
Can I require that certain real property be given away instead of sold for profit, and what legal structure would make that restriction hold up? – North Carolina Short Answer Under North Carolina law, a property owner can use a will or trust to place some conditions on how inherited real estate is used or…
Can a sibling who was left a token amount in the will still force a sale? – North Carolina Short Answer Under North Carolina law, a sibling can force a partition sale only if that sibling actually owns a share of the real estate as a cotenant (for example, as a devisee under a probated…
What happens after my attorney reviews the appraisal with me—do we negotiate, list the property, or take other steps? – North Carolina Short Answer After a North Carolina real estate attorney reviews an appraisal with a client, the usual next steps are to (1) compare the appraised value to goals and other pricing information, (2)…
What is the difference between an irrevocable trust and deeding the house to a child while keeping a small interest, and which offers better protection? – North Carolina Short Answer Under North Carolina law, both an irrevocable trust and deeding a house to a child while keeping a small interest (often as a life estate…
If I hold power of attorney, can I sign and record any deed or trust documents on behalf of my in‑law while they are in the hospital? – North Carolina Short Answer Under North Carolina law, an agent under a properly drafted and signed power of attorney can usually sign and record real estate deeds…
Can we use a separation agreement to sell the house with little or no equity, and how do I make sure the sale actually happens if the other person stalls? – North Carolina Short Answer In North Carolina, a properly drafted, signed, and notarized separation agreement can absolutely require both spouses to list and sell…
Will changing the birth date affect the adoption decree or other records like school and medical files? – North Carolina Short Answer Under North Carolina law, correcting an adopted child’s birth date on the birth record is handled through vital records and, when needed, a court order. A proper correction normally does not undo or…
Can my sibling appear without a lawyer at the hearing if counsel is unavailable, and what should they bring or say? – North Carolina Short Answer In North Carolina family law cases, a party may appear without a lawyer (called appearing “pro se”) if counsel is unavailable; the court will still hold the hearing unless…
Can the estate hold back funds for an accountant to prepare estate tax returns while still closing the estate account for the court’s final accounting? – North Carolina Short Answer Under North Carolina law, a personal representative may reserve estate funds for taxes and professional fees, but the estate generally cannot be closed with a…
What documents and steps are required to be appointed administrator and to record the deed into my name? – North Carolina Short Answer In North Carolina, appointment as an administrator generally requires filing an application for letters of administration, a death certificate, a preliminary inventory, and any required bond with the clerk of superior court…
Can we transfer the house into a trust now, and what happens if we need care within the five‑year lookback? – North Carolina Short Answer In North Carolina, a home can be transferred into a properly designed trust, but if that transfer happens within Medicaid’s five-year lookback window and the trust is not fully Medicaid-compliant,…