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 we protect our home if one of us needs long‑term care without losing it to government recovery or nursing home costs? – North Carolina Short Answer In North Carolina, long-term care costs can trigger Medicaid “estate recovery,” which allows the State to collect certain paid benefits from a recipient’s estate after death, including…
What kind of proof should I gather and who can perform a welfare check for suspected elder abuse? – North Carolina Short Answer Under North Carolina law, any person with reasonable cause to believe a disabled or elder adult is being abused, neglected, or exploited should report concerns to the county Department of Social Services…
How can I stop or delay a foreclosure auction when the mortgage is in a deceased parent’s name and the bank says they need probate to name someone in charge? – North Carolina Short Answer In North Carolina, a foreclosure auction can sometimes be stopped or delayed by quickly opening an estate, asking the foreclosure…
Does our ongoing bankruptcy affect dividing the car, personal property, or marital debts during the divorce? – North Carolina Short Answer Yes. In North Carolina, once a joint bankruptcy is filed, most division of marital property and marital debts (equitable distribution) is automatically frozen until the federal bankruptcy court allows it to move forward. The…
What age must will witnesses be, and does that apply to both witnesses? – North Carolina Short Answer Under North Carolina law, every witness to a traditional written will must be legally competent to testify in court, which generally means at least 18 years old and of sound mind. That requirement applies to each of…
Do we need to sign a new power of attorney, or can the existing one be amended to make it durable and immediately effective? – North Carolina Short Answer Under North Carolina law, a financial power of attorney that is already signed cannot simply be “edited” or hand-marked to change it from a springing form…
What documents do we need to turn our text‑message agreement into a signed, notarized court order? – North Carolina Short Answer In North Carolina, a text-message agreement about changing child custody does not become enforceable until a judge signs a new custody order. To turn the agreement into a signed, notarized consent order, the parties…
What steps should I take to satisfy or bypass the current springing conditions in the document? – North Carolina Short Answer Under North Carolina law, a springing durable power of attorney usually cannot just be “turned into” an immediate power by marking it up or verbally agreeing to ignore its conditions. The options are to…
Will moving to assisted living in a different area affect whether the existing power of attorney is valid or honored by banks? – North Carolina Short Answer Under North Carolina law, simply moving to assisted living in a different city or county does not, by itself, cancel a properly signed and notarized financial power of…
Can my parent sign a new immediate durable power of attorney and revoke the old one, and what steps are involved? – North Carolina Short Answer Under North Carolina law, a competent adult may sign a new durable power of attorney that is effective immediately and revoke a prior one. The new document must meet…
What documents do banks typically require before they will release a deceased person’s account records for an estate? – North Carolina Short Answer Under North Carolina law, most banks will release a deceased person’s account records only after they receive proof of death, proof that an estate has been opened, and clear written authority from…
Can I start the probate myself or ask the court to appoint someone else if the named executor is not moving forward? – North Carolina Short Answer Under North Carolina law, if the person named as executor does not promptly offer the will for probate and qualify, any interested person (such as an heir or…
Can I send a copy of the will to the named trustee now to get information about fees and how the trust will be set up? – North Carolina Short Answer Under North Carolina law, a personal representative may generally share a probated will with the named trustee of a testamentary trust so the trustee…
When should beneficiaries expect a timeline and written estimate of trustee fees and ongoing costs? – North Carolina Short Answer Under North Carolina law, a trustee’s compensation must be reasonable, and if it is not set in the trust, the trustee generally provides fee information when trust administration begins and before taking sizeable fees. For…
What steps are required to create and fund a testamentary trust after probate starts, and when does the trustee officially take over? – North Carolina Short Answer In North Carolina, a testamentary trust comes into legal existence when the will creating it is admitted to probate, but it is practically “created and funded” as the…
What happens to the sale proceeds before the creditor period is over, and who controls those funds? – North Carolina Short Answer Under North Carolina probate law, when estate real estate is sold before the creditor claim period ends, the proceeds generally stay under the control of the personal representative and are treated as estate…
How can I challenge a guardianship that was put over me when I didn’t consent and believe I can manage my own affairs? – North Carolina Short Answer In North Carolina, an adult under guardianship can challenge the guardianship by filing a motion in the original guardianship case asking the clerk of superior court to…
How are the mortgage, attorney fees, and creditor claims paid from the sale, and when do heirs receive the remaining balance? – North Carolina Short Answer In North Carolina probate, sale proceeds from estate real estate first pay any liens on the property (such as the mortgage) in order of priority, then the costs of…
What are the typical timelines and steps for an uncontested versus contested divorce? – North Carolina Short Answer Under North Carolina law, both uncontested and contested absolute divorces require at least a one-year separation and six months of residency before filing. An uncontested divorce, where the only claim is the divorce itself and the other…
How can I file a contempt of court motion in a pending family law case, and what supporting proof should I include? – North Carolina Short Answer In a North Carolina family law case, civil contempt is usually started by filing a written, sworn motion in the existing district court case, then having the other…