“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 [...]
Tag Archives: Probate
November 3, 2010
What is the Difference Between a Last Will and Testament and a Revocable Living Trust?
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 [...]
October 25, 2010
What is an Executor? What is an Administrator?
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 [...]
September 9, 2010
What Happens if a Home Does Not Get Placed Into a Revocable Living Trust?
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 [...]
September 2, 2010
10 Things to Think About Regarding an Executor
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
20 Item Checklist for Executor in First Month of Appointment
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 [...]
November 6, 2009
North Carolina Probate Administration
So what is probate anyway? In a nutshell, probate is a legal process that takes place after someone dies. Here are some common issues that I have seen come up in probate administration: -proving in court that a deceased person’s will is valid -identifying and inventorying the deceased person’s property -paying debts and taxes, and [...]
February 2, 2009
Putting off Your Estate Plan is a Grave Mistake
At a time when the economy is slow and money is tight, many people are looking to save money by cutting back on “unessential” expenses—including estate planning. Although this instinct is understandable, the trend is a disturbing one. Our firm understands the need to dig in during tough times, but what you may not realize [...]
January 15, 2009
Initial Documents Required to File a Probate in North Carolina
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); [...]