Do I have to give a former spouse or ex-partner keys to a home that only the deceased owned and they never lived in? – North Carolina Short Answer Usually, no. In North Carolina, a former spouse or ex-partner generally has no right to enter or possess a home titled only in the deceased person’s…
How can I force a relative with power of attorney to return funds that belonged to the trust if they were withdrawn before death and put into a personal account? – North Carolina Short Answer In North Carolina, a person acting under a power of attorney (the “agent”) owes fiduciary duties to the person who…
How do I open an estate and be appointed administrator when there might be a will in a safe deposit box we can’t access yet? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court handles probate and appoints a personal representative. When a will may be inside a sealed safe-deposit box,…
What happens if my Years Allowance application is delayed or denied, and can I correct mistakes or reapply? – North Carolina Short Answer In North Carolina, a Years Allowance request is handled by the Clerk of Superior Court, and delays or denials usually trace back to missing proof, notice problems, venue issues, or questions about…
Should I open an estate if there appear to be no probate assets and creditors are starting collection efforts? – North Carolina Short Answer Often, yes—opening an estate (or another clerk-filed estate proceeding) can make sense in North Carolina even when there are no obvious “probate assets,” especially when creditors are demanding payment and there…
Can a personal representative be personally liable if a settlement is reached for less than the full balance or if the estate cannot pay? – North Carolina Short Answer Usually, no. In North Carolina, a personal representative generally pays valid debts only from estate assets, and an estate that is insolvent can pay claims only…
Will banks and agencies accept the current letters, or should I wait for corrected ones before handling estate business? – North Carolina Short Answer In North Carolina, most banks and agencies will only act when the personal representative presents a certified copy of currently valid Letters Testamentary or Letters of Administration issued by the Clerk…
Can the court issue amended letters without a new filing, and how long does that usually take? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (the probate official) can usually issue updated or corrected “letters” in an existing estate file without requiring a brand-new estate to be opened. In practice,…
Do I need to record a new deed or a quitclaim deed after probate to show title in my name, and how do I file it? – North Carolina Short Answer Usually, no. In North Carolina, inherited real estate typically passes to the heir or devisee by operation of law once the will is properly…
Can I submit the retirement account transfer documents before I have the estates Tax ID? – North Carolina Short Answer Usually, no. In North Carolina estate administration, the retirement plan custodian (and the bank where estate funds will be deposited) typically requires the estates EIN (the estates Tax ID) before it will complete a transfer…
