Can I be reimbursed from the estate or from my sibling’s share for paying the house bills, repairs, and upkeep after my parent passed away? – NC Short Answer Often, yes. Under North Carolina law, an heir who pays necessary costs to preserve estate or inherited property after a parent dies may be able to…
Can my sibling still claim personal items from the house if they have ignored repeated chances to come get them? – NC Short Answer Usually, yes for a while. In North Carolina, personal items in a deceased parent’s house are generally estate property until the administrator gathers, protects, values, and distributes them through the estate,…
What happens to a house if two siblings inherit it equally and one wants to keep it? – NC Short Answer In North Carolina, if a parent dies without a will and two children inherit a house equally, they usually take title as equal co-owners, subject to estate administration. One sibling does not get the…
Can I handle a deceased parent’s estate if I have power of attorney for the surviving spouse who was supposed to be executor? – NC Short Answer Usually not. In North Carolina, a power of attorney lets an agent act for a living person, but it does not automatically let that agent qualify as the…
What is supposed to happen when a will includes a supplemental needs trust? – NC Short Answer In North Carolina, when a will includes a supplemental needs trust, the estate usually goes through probate first, and the personal representative then transfers the trust share into the trust according to the will. If the will instead…
How do I deal with a will when lawyers say the trust language is unclear or problematic? – NC Short Answer In North Carolina, an unclear will or trust provision does not automatically stop estate administration, but it often means the estate needs the right fiduciary in place and, in some cases, a court ruling…
How do I find out who should be in charge of probate when the original executor is incapacitated? – NC Short Answer In North Carolina, the Clerk of Superior Court in the county where the estate is opened decides who should serve when the person named as executor cannot act because of incapacity. The first…
What happens if a creditor says a settlement was approved but the estate never receives the written offer? – NC Short Answer In North Carolina, an estate should not treat a creditor settlement as final just because someone says it was approved. The personal representative should get the settlement terms in writing, confirm the amount…
What happens if co-executors cannot work together during probate? – NC Short Answer In North Carolina, co-executors who cannot work together may slow or disrupt probate, and the Clerk of Superior Court can step in. If the conflict interferes with estate administration, the clerk may remove one or both fiduciaries and appoint a replacement, such…
What can I do if my sibling sold estate property and locked me out of the estate? – NC Short Answer In North Carolina, an heir or removed co-executor who believes a sibling sold estate property or blocked access to estate assets can ask the Clerk of Superior Court handling the estate to require a…
