Losing a loved one is an emotional and difficult time, even without handling the legalities and formalities of the deceased’s affairs. When you find yourself responsible for handling the deceased’s business at the end of death, where do you start? This post aims to explain the basics of probate, how it works, and what you should do in North Carolina under typical circumstances. What is Probate? Probate is the official legal process by which a will is honored. When a will is probated, an executor (sometimes called a personal representative) is appointed to administer the estate and carry…
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Six Basic Questions and Answers about Executors
If you have a will or have ever dealt with estate administration, you are probably familiar with the term “executor.” However, most people don’t know what an executor is or what the executor’s role is. Additionally, what do you do if you suspect an executor is behaving fraudulently or contrary to the deceased person’s wishes? What is an executor? An executor is a person or institution appointed to carry out the terms of a person’s will. They are appointed by the person who wrote the will, the testator, to conclude the business and financial arrangements the testator had…
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A Twenty-Year Statute of Limitations for Challenges to Easement Encroachments
Easements in North Carolina just got a little easier to maintain and, if necessary, litigate. The Supreme Court of North Carolina ruled in August 2016 that easement holders have twenty years within which to file a suit for the removal of easement encroachments. This overruled previous case law requiring easement holders to file a suit within six years.[1] There are many different types of easements, but put simply, easements are a right to traverse or otherwise use someone else’s land for a specified purpose. For example, one could have an easement to cross over their neighbor’s land to access a home or a fishing pond.…
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Seven Rules for Being an Attorney-In-Fact
Your aging parents just appointed you as their attorney-in-fact– now what? It is important to keep in mind a few simple rules to stay within the bounds of the law. Rule #1: Act in the principal’s best interests. The principal is the person that appoints the attorney-in-fact and specifies the financial authority they possess. Acting in the principal’s best interest is the golden rule of being an attorney-in-fact. For every situation in which you may exercise your rights in that capacity, ask yourself these three (3) questions: Is taking this action in the best interest of the…
