How do I get appointed as guardian of my minor child’s estate so I can receive and manage inherited money on their behalf? – North Carolina Short Answer In North Carolina, inherited money payable to a minor usually cannot be paid directly to a parent. To receive and manage those funds, a parent typically petitions…
If the deceased parent left no assets, do I still need to open an estate case or file anything with the court? – North Carolina Short Answer Usually, no. In North Carolina, if a deceased parent truly left no property that needs to be collected, transferred, or paid out, there is often no practical reason…
Do I need to open a probate estate if the only assets are life insurance and a retirement account with my child listed as the beneficiary? – North Carolina Short Answer Usually not. In North Carolina, life insurance proceeds and most retirement accounts that name a beneficiary generally pass directly to the named beneficiary and…
If I live out of state, can I start and participate in a guardianship or power of attorney challenge where my parent lives? – North Carolina Short Answer Yes. In North Carolina, an out-of-state family member can start a guardianship case in the county where the parent lives (or is located in a facility) and…
How do I get a limited guardianship for my adult child who can work and do daily tasks but can’t safely manage medical decisions and ongoing finances? – North Carolina Short Answer In North Carolina, a limited guardianship usually starts with an incompetency case filed with the Clerk of Superior Court in the county where…
What is the difference between a medical power of attorney and guardianship, and when is guardianship required? – North Carolina Short Answer In North Carolina, a medical power of attorney (often called a health care power of attorney) is a document a person signs while they still have decision-making capacity to appoint an “agent” to…
How do I oppose a petition to appoint my spouse’s relative as guardian and ask the court to consider me instead? – North Carolina Short Answer In North Carolina, guardianship decisions are made by the Clerk of Superior Court, and a spouse can ask to be appointed instead of another family member by filing a…
Do we have to include other relatives in the guardianship case, and what happens if someone disagrees? – North Carolina Short Answer In North Carolina adult guardianship cases, certain family members usually must receive notice of the proceeding, even if they are not the ones filing. If a relative disagrees, that person can appear and…
If the other parent is delaying, can I start the guardianship case myself and what role does the other parent have in the process? – North Carolina Short Answer Yes. In North Carolina, one parent can start an adult guardianship case without the other parent’s cooperation by filing the guardianship petition with the Clerk of…
Do I need the caregiver’s address and contact information to file for guardianship or another state application? – North Carolina Short Answer Often, yes. In North Carolina, a minor guardianship case requires enough identifying information to allow required notice of the guardianship hearing, and the application also asks for the names and addresses of people…
