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.
Can my siblings legally sign over their interests to me, and what paperwork makes that transfer official? – North Carolina Short Answer In North Carolina, siblings can generally transfer, or “assign,” their interests in a deceased parent’s home and any related foreclosure surplus funds to one heir, but it must be done with proper legal…
If we open probate and a medical creditor files a claim that is larger than the estate, will the home have to be sold? – North Carolina Short Answer Under North Carolina law, real estate does not automatically have to be sold just because a medical creditor files a large claim in probate. The clerk…
What happens if the original informant disputes the corrections or the court pushes back? – North Carolina Short Answer Under North Carolina law, corrections to a death certificate go through the State Registrar of Vital Records, not the probate court, and they are based on documents and sworn proof, not on who the original informant…
How can I request a full scan of an older divorce file so I can access it online? – North Carolina Short Answer In North Carolina, an older paper divorce file is requested and managed through the clerk of superior court in the county where the divorce was filed. The clerk decides how and when…
Do I have to go to court if I hire an attorney, or can my lawyer appear for me while I’m out of state? – North Carolina Short Answer In many uncontested North Carolina divorce cases, a client does not have to appear in court if the case is set up correctly. For an absolute…
What documents and notarizations do I need to get started if most of our terms are only verbal? – North Carolina Short Answer For an uncontested absolute divorce in North Carolina, the key required document is a properly verified (notarized) divorce complaint, plus a civil summons and basic supporting forms. A written, notarized separation agreement…
Can a spouse or child file the court petition to amend a death certificate, and how long does that process usually take? – North Carolina Short Answer In North Carolina, a surviving spouse or child can request that a death certificate be corrected, but the legal amendment is handled through the North Carolina Vital Records…
What is the process to file contempt for missed weekly calls and refusal to share the child’s address or school? – North Carolina Short Answer In North Carolina, enforcement of a custody or visitation order generally happens through a contempt motion filed in the court that has jurisdiction over the existing custody order. A grandparent…
How do I get back a car that’s titled only in my name if my spouse refuses to return it? – North Carolina Short Answer Under North Carolina law, a vehicle titled only in one spouse’s name is that spouse’s separate property, but possession during separation can still be disputed. The titled owner can first…
What proof will a judge accept to show the correct date when the original certificate is sealed? – North Carolina Short Answer In North Carolina, a judge can accept any reliable evidence that clearly shows the correct date of birth, even when the original birth certificate is sealed because of an adoption. Medical records from…
Where should I file if the birth and adoption were in one county and state, but we now live in another state? – North Carolina Short Answer Under North Carolina law, a court in the state (and usually the county) that has the adoption and vital records typically has authority to order a correction to…
How can we request a continuance for a divorce hearing when the other side just changed the type of divorce right before court? – North Carolina Short Answer In North Carolina, a party can ask the district court to continue (postpone) a divorce hearing by filing or making a motion to continue and showing “good…
What happens to issues like property division, custody, or support if the case shifts from an absolute to a regular divorce? – North Carolina Short Answer Under North Carolina law, moving from a fault-based “regular” divorce from bed and board to a no‑fault absolute divorce does not automatically wipe out custody or support issues, but…
If an investment account names the trust, does it bypass probate and stay off the estate’s accounting? – North Carolina Short Answer In North Carolina, an investment or brokerage account that is properly titled or registered in the name of a living trust, or that designates a trust as a transfer-on-death (TOD) or payable-on-death (POD)…
What documentation do I need to prove the claim was filed too late? – North Carolina Short Answer Under North Carolina probate law, proof that a creditor’s claim was filed too late usually comes from the court file and the claim itself. The key documents are: (1) the published Notice to Creditors and Affidavit of…
Will rejecting a creditor claim slow down closing the estate or final distributions? – North Carolina Short Answer Under North Carolina law, rejecting a creditor claim does not automatically prevent closing the estate or making final distributions, especially if the claim is clearly late and therefore barred. However, the personal representative must give written notice…
Can I force a full accounting of rental income, mortgage payments, and cash-out refinance proceeds before any payout is finalized? – North Carolina Short Answer Under North Carolina law, a cotenant can ask the court in a partition proceeding to require a full accounting of rents, profits, and carrying costs before the court approves any…
How can I challenge a proposed distribution after a partition? – North Carolina Short Answer In North Carolina, a cotenant can challenge a proposed distribution in a partition case by filing written exceptions to the commissioners’ report with the clerk of superior court within 10 days after the report is served. If the clerk confirms…
How can I prove paternity to be recognized as an heir when I was born outside of marriage and my parent has already passed? – North Carolina Short Answer Under North Carolina law, a child born outside of marriage can inherit from a deceased father only if paternity is established in one of several specific…
How do retirement accounts factor into eligibility for long‑term care assistance and asset protection plans? – North Carolina Short Answer In North Carolina, most retirement accounts such as IRAs and 401(k)s count as resources for long-term care Medicaid once a person is old enough to access the funds, but the details depend on whether the…