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.
When will I receive my portion of the estate assets after debts and expenses are paid? – North Carolina Short Answer In North Carolina, heirs generally cannot receive distributions until after the creditor claim period has expired, valid claims and expenses are paid, and the administrator is ready to file a final account. The claim…
What happens if the court clerk asks for revisions to the submitted accounting? – North Carolina Short Answer In North Carolina, if the Clerk of Superior Court flags your estate accounting for revisions, you must correct the deficiencies and supply any missing documents (often vouchers and receipts) so the clerk can approve it. If problems…
How do I determine which assets passed outside probate and whether they should be included in the estate? – North Carolina Short Answer In North Carolina, assets titled with a beneficiary designation or survivorship feature—like life insurance payable to a person, retirement accounts with named beneficiaries, transfer-on-death (TOD) securities, and joint accounts with right of…
What legal remedies are available if I haven’t received my inheritance as named in the will? – North Carolina Short Answer In North Carolina, a beneficiary can ask the Clerk of Superior Court to make the executor account for the estate, distribute funds when appropriate, and, if needed, remove the executor for cause. You can…
How does the minor child’s custody status impact who can serve as administrator of the estate? – North Carolina Short Answer In North Carolina, a minor child’s custody status does not control who serves as administrator in an intestate estate. The Clerk of Superior Court follows a statutory priority list. A minor heir cannot serve,…
Can I petition to be named administrator of my spouse’s estate when they died without a will? – North Carolina Short Answer Yes. In North Carolina, the surviving spouse has first priority to serve as administrator of an intestate estate if qualified. If a sibling has applied, the Clerk of Superior Court generally cannot issue…
How do I protect my late spouse’s house from being controlled by their sibling during probate? – North Carolina Short Answer In North Carolina, a house titled only in the decedent’s name does not automatically fall under an administrator’s control—it vests in the heirs at death. A sibling cannot take possession of or sell the…
What steps do I need to take to file an objection before the probate response deadline? – North Carolina Short Answer In North Carolina, you object to an administrator’s appointment by filing a verified petition in the decedent’s estate file with the Clerk of Superior Court and serving all required parties before the response deadline…
How can I object to the decedent’s sibling serving as estate administrator after an intestate death? – North Carolina Short Answer In North Carolina, you object by filing a verified petition with the Clerk of Superior Court asking the court to deny (or revoke) the sibling’s appointment based on priority or disqualification. If letters have…
Am I allowed to act as both estate administrator and commissioner when selling estate property? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court may authorize the personal representative (administrator or executor) to conduct the court-ordered sale of real property and effectively serve as the commissioner, so long as the…
How do I request reimbursement for carrying costs like utilities or maintenance from sale proceeds? – North Carolina Short Answer In North Carolina, an administrator can be reimbursed for necessary, reasonable carrying costs (like utilities, insurance, and basic maintenance) as administrative expenses if the Clerk authorizes them and the real estate is sold to pay…
What disclosure obligations apply when selling a late parent’s property through an agent? – North Carolina Short Answer In North Carolina, sellers of most residential homes must give buyers a standardized disclosure before the buyer makes an offer; estates may qualify for limited exemptions. Regardless of any form or “as-is” language, the seller and the…
Can I negotiate and reduce a nursing home facility’s claim against the estate? – North Carolina Short Answer Yes. In North Carolina, the personal representative (executor/administrator) may negotiate and compromise creditor claims, including a nursing home’s bill, before paying from estate funds. Claims must be timely presented and are paid by statute in a set…
How do I handle a buyer’s inspection report revealing an undisclosed hole in the flooring substrate? – North Carolina Short Answer In North Carolina, once you know about a material defect, disclose it in writing and decide—promptly and in good faith—whether to repair, offer a credit, or renegotiate during the buyer’s due diligence period. If…
Can I demand repairs or a price adjustment for undisclosed structural damage in a real estate sale? – North Carolina Short Answer In North Carolina, you generally cannot unilaterally demand repairs or a price change once a home is under contract. Changes require a written amendment signed by both buyer and seller, usually negotiated during…
What can I do if my realtor delays or withholds inspection reports and comparable sales data? – North Carolina Short Answer In North Carolina, a real estate agent who represents you owes duties of loyalty, disclosure of material information, and accounting. Withholding or delaying inspection reports, comparable sales, or offers can breach those duties and…
Can I challenge a realtor’s demand to repair a nonexistent defect before closing? – North Carolina Short Answer Yes. In North Carolina, a seller is not required to make repairs unless the signed contract or a later written addendum says so. If a claimed defect is unverified, you can refuse the repair, demand documentation, or…
Is explicit disinheritance language required for me to challenge the will? – North Carolina Short Answer No. In North Carolina, you do not need express “I disinherit you” language to challenge a will. An omitted child can file a will caveat if they have standing and valid legal grounds (such as improper execution, lack of…
What remedies exist if a realtor accepts a low offer without disclosing higher comparables? – North Carolina Short Answer In North Carolina, a seller can pursue claims against a broker for breach of fiduciary duty, misrepresentation, and unfair or deceptive trade practices if the broker pushes a low offer while withholding material market data. Remedies…
How do I verify repair requests and appliance valuations made by a realtor? – North Carolina Short Answer In North Carolina, your listing agent must promptly share material information and act in your interest. You can insist on the full inspection report, itemized contractor estimates with photos, and appliance details (make, model, serial number, age)…