June 17, 2011
By Sabrina Winters
“We Don’t Speak Legal Advice Here” In North Carolina, the Clerk of Superior Court serves as the Probate Judge and cannot practice law. Therefore, the Clerk’s office is not allowed to provide legal advice. As an Executor, don’t expect the Clerk or the Clerk’s staff to prepare accounts or complete Probate forms, or offer assistance [...]
Posted in Uncategorized
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November 15, 2010
By Sabrina Winters
There were recent reports that Wall-Street economist have declared the recession officially over. I am not certain through whose eyes they determined this. I look around and still see far too many families struggling to recover to consider it over. And while I acknowledge things may be improving on some level, I still find it [...]
Posted in Beneficiary Designations, charlotte north carolina living trusts, charlotte north carolina trust, Collections, Last Will and Testament, News and Current Events, Other ways to Protect Children, Retirement Accounts, trusts
Tags: Affect of Bankruptcy on Estate Planning, bankruptcy, charlotte estate planning attorney, charlotte last will and testament, charlotte nc estate planning, charlotte NC estate planning attorney, charlotte NC last will and testament, charlotte NC revocable living trust, Charlotte NC Wills and Trust Attorney, charlotte north carolina estate planning, charlotte north carolina last will and testament, charlotte north carolina revocable living trust, charlotte wills, Charlotte Wills and Trust Attorney, Estate Planning, estate planning attorney, Executor, Last Will and Testament, NC WIlls Attorney, North Carolina Bankruptcy, north carolina estate planning, North Carolina Probate, North Carolina Wills Attorney, Wills and Trust Attorney, Wills Attorney
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October 13, 2010
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 [...]
Posted in charlotte north carolina living trusts, charlotte north carolina trust, Estate Planning, Executor Responsibilities, Last Will and Testament, Probate Process
Tags: administrator, asset protection, charlotte nc estate planning, charlotte north carolina estate planning, duration of probate, Estate Planning, Executor, how long does probate take, Last Will and Testament, mecklenburg county administration, mecklenburg county probate, nc estate planning, North Carolina Probate, north carolina probate and administration, north carolina wills, revocable living trust, revocable trust, trusts, union county administration, union county probate, wills
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October 8, 2010
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 [...]
Posted in Estate Planning, Executor Responsibilities, Last Will and Testament, Probate Process
Tags: charlotte nc probate, charlotte north carolina probate, Estate Planning, Executor, Last Will and Testament, mecklenburg county probate, mecklenburg nc probate, mecklenburg north carolina probate, nc probate, north carolina estate planning, north carolina last will and testament, north carolina last will and testaments, North Carolina Probate, probate attorney charlotte nc, probate attorney charlotte north carolina, probate attorney north carolina, probate court north carolina, union county probate, union nc probate, union north carolina probate, wills
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September 9, 2010
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 [...]
Posted in Last Will and Testament, Probate Process, trusts
Tags: Estate Planning, funding a trust, Last Will and Testament, north carolina entireties property, north carolina estate planning, north carolina last will and testament, North Carolina Probate, north carolina probate of real property, North Carolina probate process, north carolina Revocable Living Trust, north carolina revocable living trusts, north carolina trust, north carolina trusts, Probate, revocable living trust, revocable trust
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September 2, 2010
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 [...]
August 30, 2010
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 [...]
Posted in Executor Responsibilities, Probate Process
Tags: charlotte executor duties, charlotte executor duty, charlotte north carolina executor responsibilities, charlotte north carolina probate process, charlotte probate process, Executor, Letters Testamentary, north carolina executor duties, North Carolina Probate, Probate
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January 15, 2009
By Sabrina Winters
The initial documents and information that are required by the State of North Carolina to file a Probate are as follows: 1. The original Last Will and Testament; 2. All the full names, mailing addresses and ages of each Beneficiary named in the Last Will and Testament; 3. Application for Letters Testamentary; 4. Oath of Office; 5. Bond (if required); [...]