Can I ask the court to remove or block someone from serving as executor if they have a felony record or aren’t doing their duties? – North Carolina Short Answer Yes. In North Carolina, an “interested person” can ask the Clerk of Superior Court (the probate court) to revoke an executor’s authority (their “letters”) and…
What happens if other family members disagree with the property being in my name now? – North Carolina Short Answer In North Carolina, a home that was transferred into one family member’s name before a parent’s death often stays outside the probate estate, but that does not stop other family members from challenging the transfer.…
What should the bank do if there are multiple people claiming to represent the estate? – North Carolina Short Answer In North Carolina, a bank should treat the person (or people) who can show current court-issued “Letters” from the Clerk of Superior Court as the authorized estate representative(s). If multiple people claim authority, the bank…
Now that I’m appointed as the estate administrator, what paperwork do I still need to file with the clerk? – North Carolina Short Answer In North Carolina, being appointed as the estate administrator is the start of the clerk-supervised paperwork. In most estates, the administrator must still file an inventory (commonly due about 90 days…
Can I legally enter or check on the decedent’s property while the estate is being contested, and what should I show if law enforcement is called? – North Carolina Short Answer Usually, no. In North Carolina, once an estate is opened, the person with legal authority to enter, secure, and control the decedent’s property is…
If there are mistakes or conflicting information on marriage or identity records, does that affect who inherits or who can act as spouse in probate? – North Carolina Short Answer Yes. In North Carolina probate, the person’s legal status as the decedent’s “surviving spouse” can control major rights, including who inherits under intestacy and who…
What kind of proof do I need to show I provided caregiving and should be compensated? – North Carolina Short Answer In North Carolina, getting paid from a deceased person’s estate for caregiving usually requires proof that (1) valuable services were provided, (2) the services were not intended as a gift, and (3) the decedent…
What information does an employer need before releasing a deceased employee’s final pay or benefits to an estate? – North Carolina Short Answer In North Carolina, an employer usually needs proof of who has legal authority to receive money on behalf of the deceased employee’s estate before releasing final wages or certain employment-related benefits. In…
If a deceased person’s car was repossessed and sold, can the lender come after the estate for any leftover balance? – North Carolina Short Answer Yes. In North Carolina, if a car loan is a secured debt and the lender repossesses and sells the vehicle, the lender can assert a claim against the deceased person’s…
Can a surviving spouse use a death certificate to move money from an account that was only in the deceased person’s name? – North Carolina Short Answer Usually, no. In North Carolina, a death certificate by itself typically does not give a surviving spouse legal authority to withdraw or transfer money from a bank account…
