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 happens to my unequal down payment and carrying costs in a partition action? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to credit you in a partition case for a larger down payment and for proven carrying costs (like taxes, insurance, and mortgage principal) you paid.…
How does tenancy by entirety affect inheriting a jointly owned timeshare interest? – North Carolina Short Answer Under North Carolina law, real property owned by spouses as tenants by the entirety passes automatically to the surviving spouse at the first death and does not go through the first spouse’s probate. After the surviving spouse later…
Can I stay living in the home until it’s sold under a court partition order? – North Carolina Short Answer Usually yes, but it is not automatic. In a North Carolina partition case, a co-owner who lives in the property can often remain until the court approves the sale and the buyer is entitled to…
How can I protect my financial contributions when a co-owner forces a partition sale? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to account for and credit your documented contributions (like down payment, mortgage, taxes, insurance, and necessary repairs) before net sale proceeds are divided in a…
What steps should I take to locate and confirm my father’s multiple real properties when deed records seem incomplete? – North Carolina Short Answer In North Carolina, start by getting appointed as personal representative so you have authority to access records and demand information. Then run county-by-county searches at the Register of Deeds and the…
How can I challenge my stepmother’s year’s allowance petition to recover assets she sold? – North Carolina Short Answer In North Carolina, you can challenge a surviving spouse’s year’s allowance in two main ways. If the Clerk already assigned the standard allowance, an heir may appeal to Superior Court, but the window is short—10 days…
How do I record a quitclaim deed to vest my farm property in my name and secure farm financing? – North Carolina Short Answer In North Carolina, you usually cannot fix title with a simple quitclaim while the estate is open. Real estate vests in heirs or devisees at death, but within two years you…
Can I become the court-appointed administrator to access my father’s bank records and review transfers made before his death? – North Carolina Short Answer Yes. In North Carolina, a child can be appointed by the Clerk of Superior Court as the estate administrator if no one with higher priority has qualified, they are not disqualified,…
Which properties should go into our trust and which should remain separate? – North Carolina Short Answer In North Carolina, real estate and other assets you want to avoid probate must be retitled into your revocable trust before death. Property already set to pass automatically—like a home owned by spouses with rights of survivorship or…
How do I include provisions for guardianship of my minor child in our estate plan? – North Carolina Short Answer In North Carolina, you nominate a guardian for your minor child in your will. The Clerk of Superior Court gives substantial weight to your nomination but appoints a guardian only if there is no natural…
How can I set up a joint revocable trust to keep our homes out of probate? – North Carolina Short Answer In North Carolina, you keep homes out of probate by creating a revocable living trust and retitling each property into the name of your trustee before death. A joint revocable trust can hold a…
How can I force uncooperative heirs to open an estate for their deceased parent? – North Carolina Short Answer Under North Carolina law, you generally cannot force out-of-state heirs to open an estate for their deceased parent. However, you can keep your case moving by asking the Clerk of Superior Court for instructions, depositing the…
Am I allowed or required to open the beneficiary’s estate as executor of my parent’s estate? – North Carolina Short Answer In North Carolina, you are not required to open the deceased beneficiary’s estate, and you generally cannot do so unless you independently qualify to serve in that estate (for example, as an heir or…
What can I do when the named executor is incapacitated and delaying probate? – North Carolina Short Answer In North Carolina, if the named executor cannot serve (for example, due to incapacity), you can ask the Clerk of Superior Court to treat the executor as disqualified or deemed to have renounced and appoint an alternate…
What steps do I need to take to secure my equal share of my father’s assets? – North Carolina Short Answer In North Carolina, when the named executor cannot serve, the Clerk of Superior Court can appoint a new fiduciary (often an administrator with the will attached, or a public administrator) to gather assets, account,…
What steps and documents are required to show family consent for disinterment? – North Carolina Short Answer In North Carolina, disinterment requires a disinterment–reinterment permit issued by the county health director (or the State Registrar) to a licensed funeral director. To get that permit, you must provide written authorization from the person(s) with the legal…
Can the personal representative proceed with distributing proceeds before the lawsuit is resolved? – North Carolina Short Answer Yes, but only with safeguards and court approval. In North Carolina, a personal representative should not make distributions that could leave the estate unable to pay a pending claim. The clerk of superior court can authorize distributions…
How can I move forward with selling estate property when there is a pending lawsuit after claim denial? – North Carolina Short Answer In North Carolina, a personal representative can keep a sale moving by obtaining a court order that authorizes the sale and directs that the net proceeds be held in escrow while the…
How can I petition the court to authorize the disinterment and transfer of my grandparent’s remains? – North Carolina Short Answer In North Carolina, you typically file an estate proceeding with the Clerk of Superior Court in the county where the grave is located, asking for an order authorizing disinterment and reinterment. Include signed consents…
Can I recover foreclosure surplus funds if the company promised to pay off the mortgage but failed? – North Carolina Short Answer Yes—North Carolina law lets the Clerk of Superior Court release foreclosure surplus funds to the person legally entitled to them. If you signed a recorded deed or assignment giving those funds to a…