In today's blog post in our ongoing series on basic estate planning questions, we're going to look at probate in North Carolina, what it does, and why it is important. A lot of people first talk to an estate planning attorney because they are faced with a probate situation and have little to no understanding of what is required of them. This is entirely understandable. Probate is not an … read more
Probate
Common Probate Myths, and Why They’re Wrong
While many people have heard the term “probate,” very few of them have any direct experience with the probate process. Because of this, there are a lot of myths and misperceptions surrounding probate that far too many people believe and rely upon. Probate is the legal process that applies to the property you leave behind after you die. Someone will have to become the new owner of that … read more
3 Facts You Need to Know Before You Agree to Become a Personal Representative
One of the important steps in making a last will and testament in Greensboro, North Carolina is choosing different people, such as a personal representative, to represent your estate and your interests. For example, if you are a child with young parents you will want to include a clause that selects a guardian who will care for your children should you die before they become … read more
What You Should Know About Probate Appraisals
If you live in Greensboro, North Carolina and have recently made a will, or are in the process of doing so, you probably know that you will have to choose an executor who will manage your estate after you die. While there are several important duties that all executors must perform, one of the key duties involves taking an inventory of all the estate property and determining how much … read more
Dealing With the Tangible Property Left Behind by Mom and Dad
When a parent dies, one difficult problem to deal with is the mountains of tangible personal property left behind. This problem is especially difficult for children who have been named executor over their parent’s estate. The difficulties that arise with personal property are not always obvious when you first begin dealing with the issue. If you are in the position where you have to … read more
Probate Inventories – 3 Common Questions
Question 1: What is a probate inventory? When a person creates a will in Greensboro, North Carolina, the will names someone to act as the estate executor. When the will maker dies, it’s up to the estate executor to begin the probate process. Part of this process involves determining exactly what the deceased person owned at the time of his or her death. Much of this property will be … read more
3 Questions About Self-Proving Wills
Question 1: What is a self-proving will? A self-proving will is a last will and testament that is accompanied by an affidavit signed by the two witnesses who signed the will. Almost all states, including North Carolina, allow people to create a self-proving affidavit that can help prove the will’s validity when it comes time to submit it to a probate court and begin the estate … read more
3 Traits to Look for in an Estate Executor
If you are writing a will in Greensboro, North Carolina, you’ll have to select someone to serve as your estate executor. Also known as personal representative, the executor is responsible for managing the probate process and ensuring your wishes are followed. Here are three traits that every good executor should have. Discipline The probate process in North Carolina can be lengthy … read more
New York Case Highlights Dangers of Escheat
The dangers of not having a will in Greensboro, North Carolina, or creating an estate plan are well known to attorneys, though not so well known to the average person. Even though it’s rare, escheat is one of the dangers that estate planning attorneys often warn against. Escheat is the process through which a state inherits someone’s entire estate because that person failed to leave … read more
Probate Problem Prevents Widow From Accessing Savings Account
The probate process is, at its worst, an annoying, time-consuming, and expensive bureaucratic operation that can frustrate even the most seasoned probate lawyer. It’s even worse when the rules and policies designed to prevent problems hinder relatives of the deceased person from wrapping up their affairs. Such is the case with Julia Bolena, a Jacksonville, Florida widow whose husband … read more
