Probate

I Inherited a House – Do I have to Refinance the Mortgage?

Posted on: January 13th, 2009
No – in most cases. Mortgages generally contain "Due on Sale" clauses, which say that the lender can call the mortgage due upon transfer of property. ...

How to Choose an Executor

Posted on: September 19th, 2008
This article is from one of our recent newsletters. Although it refers only to executors, most of the considerations also apply to trustees. ...

Chatham County Clerk Now Requires Approval of Attorneys Fees in Probate

Posted on: August 20th, 2008
When I started practicing 20 years ago, Clerks of Court generally required approval of attorneys fees paid in probate proceedings. ...

Summary Judgment Improper in Contract Case where Undue Influence and Lack of Consideration Alleged

Posted on: June 12th, 2008
Bruce and Kathryn Barbee, an elderly North Carolina couple, owned a $450,000 vacation home. ...

Factors for Determining Undue Influence

Posted on: February 20th, 2008
The North Carolina Court of Appeals’ recent decision in In re Will of John A. Jones, Jr. deals with a Caveat against a Will in favor of the decedent’s wife filed by the executor of the prior Will, ...

Increased Court Fees for Testamentary Trusts

Posted on: November 3rd, 2007
Another increase in North Carolina court fees: As of August 1, 2007, testamentary trusts (those contained in a Will) which account to the clerk are subject a fee of 40 cents per $100 of receipts. ...
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