Best Probate Lawyers in Cary

FAQs

• What is the non-emergency contact number for the local police station in Cary, North Carolina?

  You can reach the Cary Police Department on their non-emergency line by dialing (919) 469-4012.

• Where can I get a copy of police reports for incidents related to my case in Cary, North Carolina?

  In Cary, there are three methods to acquire a police report. The first option is to request a copy online by visiting this link: https://townofcary.policetocitizen.com/Home. Alternatively, if you prefer to receive the report by mail or fax, you can call (919) 460-4902. Lastly, you can personally visit the Cary Police Department's Records Unit at 120 Wilkinson Ave, Cary, NC 27513 to request your document.

• What responsibilities does a Cary lawyer have during the probate process?

  During the probate process, a lawyer in Cary is responsible for various tasks, which include:

  • Gathering the proceeds from life insurance policies
  • Arranging property appraisals for the estate
  • Assisting with the settlement of debts and expenses
  • Assessing the potential need for estate or inheritance taxes
  • Resolving any income tax matters
  • Preparing and submitting necessary documents to the probate court
  • Supervising the estate's bank account
  • Transferring assets from the estate to the designated beneficiaries

• Is it permissible for the deceased person's relatives in Cary to gather at the residence following the funeral in order to divide furniture and personal belongings among themselves?

  Only an executor or trustee in Cary who has been lawfully appointed possesses the power to oversee and distribute the assets of the deceased individual. Until the executor is officially designated by the court or the successor trustee is legally acknowledged, none of the belongings of the deceased person should be divided.

• Is an executor entitled to compensation in Cary?

  During the probate process in Cary, the executor can receive reimbursement for legitimate expenses incurred while managing and administering the deceased's estate. According to North Carolina law, unless stated otherwise in the will, executors or administrators can request a commission of up to 5% of the estate assets and receipts, subject to approval by the Clerk of Court.

• What options are available if you are unable to locate the will or trust of your deceased loved one in Cary?

  If you cannot locate the will or trust of your deceased loved one in Cary, there are several places to conduct your search. Look through their home, including safes, filing cabinets, or moving boxes. Additionally, check their safe deposit box at the bank, the office of the lawyer who drafted the will, or the Clerk of Court's office. After exploring these possibilities and consulting with family members, you may consider probating a photocopy of the will (if one exists) or proceeding with an intestate estate if no will is discovered.

• What are the typical errors made during the probate process in Cary?

  Executors are personally accountable for errors and oversights in estate administration, even if unintentional. In Cary, executors often make the following probate mistakes without competent legal guidance:

  • Tax errors: Executors are responsible for preparing, submitting, and paying the decedent's final IRS return. Without the assistance of a lawyer or CPA, serious tax mistakes can occur.
  • Skipping essential steps: Executors must locate the will, file it with the court, conduct asset inventories, notify creditors, and settle the estate's debts. Misappropriation of funds, missed deadlines, or abuse of power by the executor can lead to lawsuits by creditors or heirs seeking damages.
  • Misunderstanding probate laws: Misunderstanding the law could result in losses for the estate and the heirs in terms of money.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.