All Questions

March 7, 2026

[NC] Can a trustee sign a self-proving affidavit for a deceased mother’s will if the original witnesses cannot be located?

I am the trustee of my mother’s revocable trust. She passed last month and I have to bring her will to probate. There currently is no self-proving affidavit. Can I sign one as her trustee as the clerk of the court would like one?

NC Estate Probate

March 6, 2026

[NC] Should I name my spouse as first guardian in my will, or does he automatically get custody if I pass away?

I'm creating a last will. Do I need to name my spouse as the first guardian of my children or should I name 2 other people as first and second guardians?

NC Estate Planning

March 5, 2026

[NC] How do I draft a separation agreement if I want to waive all financial rights and just get my personal belongings and pets?

I’m trying to make a separation agreement to send my husband after I tell him I want a divorce. I don’t want any of his money, pension, or anything from our house. I only want to take my clothes and belongings and my dogs. I don’t want to be a part of his debts either. He has hidden accounts and racked up loads of debt. What is the best way to go about doing this correctly and precisely in the separation agreement?

NC Family Law

February 25, 2026

[NC] Can I use a durable power of attorney to manage my elderly grandmother’s affairs?

My grandmother is 99, and her son (my father) is her only living child. We are both on her bank account as signers. We need legal guardianship over her person and property. Is a dual power of attorney the correct form?

NC Estate Planning

February 24, 2026

[NC] Would I be required to pay alimony after a 21-year marriage, considering our incomes and any alleged adultery?

I am wanting a separation/divorce. My wife has never worked and never gotten a job. I am a truck driver. We have a run-down mobile home on a half acre lot. I make approx $58,000 a year. I’ve offered to buy her out for half of the tax value of the property and pay her cell phone bill for a year. She wants alimony. Will I have to pay her alimony?

NC Family Law

February 24, 2026

[NC] Can I obtain a court order granting me exclusive possession of our rental residence during separation?

Hello, I am currently in the process of becoming legally separated. We currently rent. There has been an electric vehicle charger installed at the rental property for my vehicle, and I need to remain in the residence. Is there any legal action I can take to have my husband removed from the living premises?

NC Divorce

February 21, 2026

[NC] How can we evict a long-term guest who refuses to leave, and the homeowner is physically unable to go to court?

I have a person in my house that neither me or my grandmother wanted but my father brought her in here and she has been here for about 2 years and me and my grandmother has had enough of her. She hasn't paid anything to my grandmother towards bills and her son who lives here keeps trying to defend her with “getting back on her feet,” but it's been 2 years and she has nothing to show of it. It has went from being a guest to being a problem. Is this the right way to get her out of the house? My grandmother is not in the best shape to move, and with how her legs are it would be very hard for her to even do any courthouse moves. At that point would it be recommended to do a lawyer to help with it if it gets to the eviction portion? Or can someone who's close and is able to go to the courthouse on her behalf get the paperwork started? Just want to make sure I take all the right steps.

NC Landlord-Tenant

February 10, 2026

[NC] Are both spouses responsible for the mortgage during separation, and can one spouse close joint accounts?

In NC I wanted to clarify that when a separation occurs are both parties still responsible to pay their portion of a marital home in order to have their legal share of the home should it be sold once the divorce is set to be done after the year has passed?

NC Family Law

February 3, 2026

[NC] How can I handle a small estate without a will or personal representative when all heirs live out of state?

My niece died last month in Raleigh, NC. Her family lives in Montana. I am her aunt, her parents have asked me to help close her estate. To date the financial info I find indicates an estate of less than $20,000. What do I need to do next?

NC Estate Probate

January 12, 2026

[NC] Can I quit claim a property to my father while keeping the mortgage in my name?

I just completed a quit claim deed for a property online. Can I file this myself at the Register of Deeds after I have it notarized?

NC Real Estate

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