Category Archives: Probate Process

Privacy Advantages of a Living Trust

By Sabrina Winters

I have assisted clients as a wills and trust attorney for over 10 years.  In that time, I have found that many clients do not fully understand the privacy issues that will face their family should they die without a living trust. If you have a Last Will and Testament or no written plan in [...]

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What is the Difference Between a Last Will and Testament and a Revocable Living Trust?

By Sabrina Winters

There are similarities between a Last Will and Testament and a Revocable Living Trust: 1. both pass along specific assets, 2.  both name guardians, 3. both are written,signed and witnessed; 4.  both can be amended and revoked. The differences between both are what sets them apart: A Last Will and Testament, appoints an Executor who [...]

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What is an Executor? What is an Administrator?

By Sabrina Winters

I often receive calls from individuals whom were told by the bank that they need to be appointed as the Executor or Administrator of an Estate before any financial information on the decedent is released; and they want to know what that means.  What is an Executor?  What is an Administrator?  They have the same [...]

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How Long Does Probate Take in North Carolina?

By Sabrina Winters

It is hard to determine the length of time it will take to finalize a Probate or Administration in North Carolina.  There are many determining factors.  Just to name a few: 1. Where are the assets located?  All with one institution or several? 2.  How much time does the appointed Executor or Administrator have to [...]

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What is Probate?

By Sabrina Winters

Probate is a legal procedure required by North Carolina Statutes to distribute the assets of a person who has died with a Last Will and Testament.  If the person did not have  a Last Will and Testament, then the procedure is called an Administration. It is filed in the county where the person resided at [...]

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What Happens if a Home Does Not Get Placed Into a Revocable Living Trust?

By Sabrina Winters

One of the reasons why people choose to create a Revocable Living Trust versus a Last Will and Testament is because (if done properly) a Revocable Living Trust will avoid probate.  The way a Revocable Living Trust avoids probate is by transferring certain assets into the Trust and retitling the owner as the name of [...]

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10 Things to Think About Regarding an Executor

By Sabrina Winters

There are many considerations to be made when either appointing an Executor in a Will or obtaining an appointment as an Executor. There are many valid reasons why a named Executor in a Last Will and Testament may not want to accept the appointment. On the other hand, there are many reasons (both legal and [...]

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20 Item Checklist for Executor in First Month of Appointment

By Sabrina Winters

A portion of the following list is provided to you from the North Carolina Estate Settlement Guide. This is a checklist of what the Executor’s responsibilities are within the first month of being appointed. This is not to be considered legal advise and or a complete checklist of what is required of an Executor. It [...]

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Probate Court Fees in North Carolina

By Sabrina Winters

For those of you who still aren’t convinced that avoiding Probate should be a priority, here is a link (http://tinyurl.com/probatefees) to the list of fees that the North Carolina Probate Court charges for various documents, filings and actions in a probate matter.  By they way, some were just raised…again.  When calculating fees, don’t forget to [...]

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