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 are due diligence fees and earnest money handled during a probate sale of real estate? – North Carolina Short Answer In North Carolina, how due diligence fees and earnest money are handled depends on the type of probate sale. In a normal private sale (with the personal representative or heirs signing), a due diligence…
What do we need to do to ensure outstanding credit card and real estate tax claims are paid off at closing so the buyer gets clear title? – North Carolina Short Answer In North Carolina, the personal representative (administrator) must either have legal authority to sell or must join the heirs’ deed so the closing…
What paperwork do I need when buying a vehicle through the estate administration process? – North Carolina Short Answer In North Carolina, a valid estate vehicle sale to a third-party buyer requires proof the seller has authority, a properly assigned title with odometer disclosure, and your completed title application with insurance and taxes paid at…
Can I directly offer to buy a vehicle from an estate representative before an auction? – North Carolina Short Answer Yes. In North Carolina, a personal representative may sell estate personal property, like vehicles, by private sale without a court order. If a court has already ordered a judicial sale (an auction) or the representative…
What compensation can I seek for lost time and earnings dealing with insurance delays? – North Carolina Short Answer In North Carolina, you can recover lost wages if the crash or your injuries kept you from working, and you can recover “loss of use” of your vehicle measured by the reasonable rental value for a…
How can I recover rental car expenses after using up my insurance limit? – North Carolina Short Answer In North Carolina, you can claim “loss-of-use” damages from the at-fault driver (and their insurer) for the reasonable cost of a comparable rental car during the reasonable repair time, even after your own rental coverage runs out.…
How does subrogation work when my insurer pays for repairs and seeks reimbursement? – North Carolina Short Answer In North Carolina, when your auto insurer pays to repair your car, it can pursue the at-fault driver’s insurer to recover what it paid—this is called subrogation. Your carrier steps into your shoes to claim repair costs…
How can I defend against a caveat contesting my mother-in-law’s inheritance? – North Carolina Short Answer In North Carolina, once a caveat (will contest) is filed with the Clerk of Superior Court, the case is sent to Superior Court for a jury trial, and estate distributions are put on hold. To defend the will, the…
Can I use my underinsured motorist coverage if the at-fault driver’s insurance doesn’t cover all my medical bills? – North Carolina Short Answer Yes—under North Carolina law, underinsured motorist (UIM) coverage applies when the at-fault driver’s bodily injury liability limits are lower than your UIM limits. You generally must exhaust the at-fault policy and follow…
Can she claim reimbursement for home improvements and other estate expenses if the will is overturned? – North Carolina Short Answer Yes—under North Carolina law, necessary and reasonable expenses of administering the estate can be reimbursed even if the will is later set aside. While a caveat is pending, the personal representative may not distribute…
What steps should I take to protect my personal injury rights while pregnant? – North Carolina Short Answer Under North Carolina law, protect your claim by getting immediate OB‑informed medical care, documenting symptoms, and following treatment. Notify your auto insurer promptly and do not settle with the at‑fault insurer until your underinsured motorist (UIM) carrier…
How can I document that my gallbladder and liver issues were caused by the car accident? – North Carolina Short Answer In North Carolina, you document medical causation with prompt medical evaluations, objective testing, and a clear medical opinion that the crash more likely than not caused or aggravated your gallbladder and liver problems. Use…
How do I handle ongoing medical appointments and bills for pregnancy and crash-related care? – North Carolina Short Answer Under North Carolina law, keep getting medically necessary prenatal and crash-related care and submit bills to your health insurance first. Notify the at‑fault driver’s insurer and your own auto insurer about the claim, and track all…
What damages can I recover in a rear-end collision when I’m pregnant and have both BI and UM coverage? – North Carolina Short Answer In North Carolina, you can recover compensatory damages for medical bills (including pregnancy-related care and monitoring), lost income, pain and suffering, and property damage when another driver negligently rear-ends you. The…
Can I use the original deed I hold to prove my ownership in court? – North Carolina Short Answer In North Carolina, courts typically rely on the recorded chain of title and certified copies from the Register of Deeds—not your personal original deed—to prove ownership. Your original deed can be relevant, but a certified copy…
How long do I have to bring a claim to overturn a deed recorded long ago? – North Carolina Short Answer In North Carolina, claims to set aside a deed for fraud generally must be filed within three years from when you discovered (or should have discovered) the problem. Some fiduciary-based claims may allow up…
How can I challenge a deed transfer that was filed in error when no will existed? – North Carolina Short Answer In North Carolina, when someone dies without a will, legal title to their real estate passes immediately to their heirs. If a deed or county title change later puts the property in someone else’s…
Can I become sole administrator if the other heir ignores the court notice? – North Carolina Short Answer Often, yes. Under North Carolina law, if a co-equal heir is properly served with the required 15-day notice of your application and does not respond, the Clerk of Superior Court can treat that silence as a renunciation…
Can I sue a trustee for breach of fiduciary duty and mismanagement of trust assets? – North Carolina Short Answer Yes. In North Carolina, a beneficiary may sue a trustee for breach of fiduciary duty and breach of trust, and the court can order money damages, restoration of property, removal or suspension of the trustee,…
How can I find out if settlement funds from my spouse’s predeath claim are governed by the will or wrongful death statutes? – North Carolina Short Answer In North Carolina, settlement money tied to a wrongful death claim is not part of the probate estate and is distributed to statutory heirs under the intestacy rules,…