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 transfer title from my grandmother’s estate to her heirs when no deed was recorded? – North Carolina Short Answer In North Carolina, real estate passes to heirs or devisees at death, but you often need recorded documents to make title insurable. If a quiet title judgment confirmed your grandmother’s ownership but no…
Can we contest the outdated will to include the minor child and adjust inheritance shares? – North Carolina Short Answer Yes. In North Carolina, a child born after a will is signed may be entitled to an intestate share even if the will says otherwise, and a surviving spouse can claim an elective share if…
How can I find out if a life insurance policy was assigned to pay the funeral home directly? – North Carolina Short Answer In North Carolina, you confirm a funeral-home assignment by getting two things: (1) the signed assignment and claim paperwork the beneficiary and funeral home submitted, and (2) the insurer’s claim record showing…
What is the process to remove an executor who won’t act for the estate’s beneficiaries? – North Carolina Short Answer In North Carolina, an interested person (such as a spouse or heir) may file a verified petition with the Clerk of Superior Court to revoke an executor’s letters if the executor is disqualified, has defaulted…
How can a wrongful death claim proceed if the executor refuses to file it? – North Carolina Short Answer In North Carolina, only the court‑appointed personal representative (executor or administrator) or a court‑appointed collector can file a wrongful death claim. If the executor refuses, an interested person may ask the Clerk of Superior Court to…
What happens if an heir paid the funeral bill out of pocket and requests reimbursement from the estate? – North Carolina Short Answer In North Carolina, the estate is primarily liable for reasonable funeral expenses. An heir who paid the bill can request reimbursement by filing a timely claim with the personal representative. Up to…
How can a spouse or her child secure a spousal allowance or year’s allowance if they’re not named in the will? – North Carolina Short Answer In North Carolina, a surviving spouse may claim a $60,000 spousal year’s allowance and an eligible child may claim a $5,000 child’s year’s allowance from the decedent’s estate, even…
Can a surviving spouse intervene in a probate case managed by the decedent’s parents? – North Carolina Short Answer Yes. In North Carolina, a surviving spouse is an interested person with the right to file petitions in the estate case before the Clerk of Superior Court. You can ask the clerk to compel a proper…
What steps can I take if estate administrators ignore my requests for an accounting of assets? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to order the personal representative to provide a full, verified accounting and to correct the inventory. The clerk can compel an accounting within…
How can I claim my share of life insurance proceeds that aren’t listed in the probate inventory? – North Carolina Short Answer In North Carolina, if a life insurance policy has no named beneficiary and the insurer pays the proceeds to the estate, those funds are probate assets that must be listed in the inventory…
Do I have to reopen the seller’s estate to obtain a proper deed transfer? – North Carolina Short Answer Not always. In North Carolina, if a court has already determined who owns the property, you can often ask that court to enter an order vesting title or appoint someone to sign a deed without reopening…
How long must I wait after a parent’s death to sell or transfer inherited property without probate? – North Carolina Short Answer In North Carolina, title to a home passes to the heirs at death, so co‑heirs can deed their interests to each other right away, but the property remains subject to estate debts and…
Can my siblings transfer their inherited share of the house to me without opening probate? – North Carolina Short Answer Often yes. In North Carolina, when someone dies without a will, title to their real estate vests in the heirs at death, so your siblings can sign and record a deed transferring their interests to…
What happens if Medicaid rejects my waiver request—can I refinance the home to pay their claim? – North Carolina Short Answer If North Carolina Medicaid denies an undue hardship waiver, its estate-recovery claim stands and must be paid from estate assets. When the only asset is the home, a personal representative can ask the Clerk…
What proof do I need to show long-term residency in the family home for a Medicaid waiver? – North Carolina Short Answer In North Carolina, to request an undue hardship waiver of Medicaid estate recovery based on long-term occupancy, you must prove the home was your primary residence and that recovery would cause serious financial…
How can I apply for an undue hardship waiver to stop Medicaid from claiming my inherited home? – North Carolina Short Answer North Carolina allows the Department of Health and Human Services (DHHS) to recover certain Medicaid costs from a deceased person’s estate, including a home. You can request an undue hardship waiver or a…
What steps do I take to remove or correct forged documents and inaccurate personal data from North Carolina county property records? – North Carolina Short Answer In North Carolina, a forged or unauthorized deed is void, but the Register of Deeds will not remove it without a court order. To clear the title, you typically…
How can I confirm if I’m a legal co-owner on the deed for the land and mobile home? – North Carolina Short Answer In North Carolina, co-ownership of land is proven by your name appearing as a grantee on a recorded deed in the county Register of Deeds. For a manufactured (mobile) home, ownership depends…
Can a business entity that never placed a bid still claim surplus funds from a foreclosure? – North Carolina Short Answer Yes. In North Carolina, surplus funds go to people or entities who held a legal interest in the property at the time of the foreclosure sale, in priority order. Not placing a bid does…
Can I recover funeral expenses through the wrongful death settlement? – North Carolina Short Answer Yes. In North Carolina, reasonable funeral and burial expenses can be paid from the wrongful death recovery before the remainder is distributed to beneficiaries. A judge must approve the settlement and distribution when minors are involved, and the personal representative…