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 I contest a will that gives a portion of my parent’s estate to my sibling’s spouse against my interests? – North Carolina Short Answer Yes. In North Carolina, a child or other person with a direct financial stake can challenge a will by filing a “caveat” in the Clerk of Superior Court. You generally…
How can I recover money that my sibling withdrew from my parent’s accounts under a power of attorney? – North Carolina Short Answer In North Carolina, you typically recover misused funds by having the deceased parent’s personal representative demand an accounting from the former power of attorney, examine where the money went, and seek return…
How do I protect the inheritance my parents intended for me as a child with a disability? – North Carolina Short Answer In North Carolina, you protect an intended inheritance by promptly opening the estate, freezing and accounting for suspect transactions, and using the correct forum to recover assets. The Clerk of Superior Court can…
How do I evaluate whether the insurer’s settlement offer for my uninsured motorist claim is fair? – North Carolina Short Answer Start by comparing the offer to your full damages under North Carolina law: medical expenses actually paid or owed, lost income, and reasonable compensation for pain, suffering, scarring, and any lasting limitations. Then account…
What can I do if a co-owner continues to delay the partition process? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court controls the partition calendar and may deny further continuances without good cause. Your attorney can object to another delay, ask for a firm scheduling order, and request the hearing…
How can I prepare for a partition hearing after it’s been rescheduled? – North Carolina Short Answer In North Carolina, partition hearings are special proceedings before the Clerk of Superior Court. After a continuance, prepare by confirming proper service and notice, organizing the commissioners’ report and exhibits (title, survey, appraisal, and any sale documents), and…
What steps should I take before attending the partition closing tomorrow? – North Carolina Short Answer In North Carolina partition cases, make sure the sale can be confirmed and the closing can occur. Verify that the report of sale was filed, the 10-day upset bid period has expired without a new bid, all parties received…
Will the money I receive from the partition sale be taxable, and how should I report it? – North Carolina Short Answer In North Carolina, your share of partition-sale proceeds is generally subject to capital-gains tax to the extent your share of the net sales price (after court‑approved selling costs) exceeds your tax basis in…
What steps are required to probate my mother’s half-interest in the house and bank account? – North Carolina Short Answer In North Carolina, you open an intestate estate with the Clerk of Superior Court in the county where your mother lived, get Letters of Administration, publish and mail notice to creditors, and file an inventory.…
Can I challenge the step-child’s move into my mother’s home after her death? – North Carolina Short Answer Often, you cannot summarily remove a step-child who is living there on behalf of a surviving co-owner in North Carolina. When a decedent co-owned a home without survivorship, her share passes to heirs, but the surviving co-tenant…
How do I protect my interest in property when a nonresident family member disputes it? – North Carolina Short Answer In North Carolina, record your deed, give formal notice, and file the right proceeding in the county where the land sits. If you co-own or your title is challenged, start a partition special proceeding with…
What are the steps and timeline for opening an estate after a car accident? – North Carolina Short Answer In North Carolina, a family member or other eligible person applies with the Clerk of Superior Court to be appointed as the personal representative and receive “Letters” authorizing action. If the only purpose is a wrongful…
Can I sell estate property “as-is” without handling all remaining items individually? – North Carolina Short Answer Yes. In North Carolina, a court can authorize an estate administrator to sell real estate “as‑is,” and the administrator may sell, donate, or dispose of remaining personal items without separate court orders, as long as they keep records…
How can I file a creditor claim against a stepmother’s estate? – North Carolina Short Answer In North Carolina, you present a creditor claim by sending a written claim that states the amount owed, the basis of the debt, and your name and address to the personal representative (administrator/executor) or by delivering it to the…
How do I request an accounting for personal items sold from the estate online? – North Carolina Short Answer In North Carolina, an heir can ask the Clerk of Superior Court to order the estate administrator to file a full and satisfactory account, including receipts for personal items sold (even if sold online). The clerk…
Can I require the administrator to sell the RV through a neutral realtor to ensure fair market value? – North Carolina Short Answer Under North Carolina law, you generally cannot force an administrator to use a particular sales method or a neutral broker for estate personal property like an RV. A personal representative may sell…
Do I have the right to coordinate pickup or transfer of an estate asset? – North Carolina Short Answer No. Under North Carolina law, the court‑appointed personal representative (administrator or executor) controls possession, pickup, and transfer of estate property. Heirs generally cannot move or retitle assets on their own. If you are being excluded or…
How can I object to my sister’s valuation of our parent’s RV in the probate inventory? – North Carolina Short Answer In North Carolina, the inventory must list each asset at its fair market value on the date of death, not simply a tax value. If you disagree with the RV’s valuation, file a verified…
How can we sell our inherited home when there’s a judgment for creditor claims like funeral costs against the estate? – North Carolina Short Answer In North Carolina, if the estate owes creditors, the court can authorize the estate’s administrator to sell the real property to raise funds and pay allowed claims. The administrator files…
Can an heir refuse to sign the mediation agreement and block a property sale during probate? – North Carolina Short Answer In North Carolina, an heir’s refusal to sign a mediation agreement does not, by itself, stop a court‑authorized sale that is needed to pay estate debts. If the estate needs funds for claims (like…