How can I contest a power of attorney that was used to transfer my mother’s assets after she died? – North Carolina Short Answer In North Carolina, a financial power of attorney ends at the principal’s death, so an agent cannot lawfully use it to transfer property after death. To challenge suspect transfers, open your…
How do I publish a notice to creditors when administering an estate? – North Carolina Short Answer In North Carolina, you publish a notice to creditors only after the Clerk of Superior Court issues you letters as the personal representative. Then you must publish the notice once a week for four consecutive weeks in a…
How do I protect myself as the estate representative when paying off a creditor with limited estate funds? – North Carolina Short Answer In North Carolina, protect yourself by following the creditor-claims process: publish and mail the required creditor notices, wait for the claim period to close, verify and allow or reject claims, and pay…
What happens if the clerk still rejects the will after submitting affidavits? – North Carolina Short Answer In North Carolina, if the Clerk of Superior Court rejects a non-self-proving will after you submit affidavits, you can either supplement the proof (for example, add handwriting affidavits and other competent evidence), petition for probate in solemn form…
What’s the process to transfer and sell my parents’ house in probate when there’s almost no mortgage remaining? – North Carolina Short Answer In North Carolina, title to a decedent’s home passes to the heirs at death, but a court‑appointed personal representative (PR) can take control and, if needed, get a court order to sell…
What legal protections can prevent harassment or elder abuse by caveators living next door? – North Carolina Short Answer In North Carolina, you can seek a civil no-contact order for stalking or harassment, ask the court for an injunction to stop interference, and use estate-specific orders to protect the home and the executor’s work during…
How can I notify a credit card issuer of a loved one’s death and start estate settlement? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) notifies a credit card company by opening an estate, publishing a Notice to Creditors, and mailing personal notice to known creditors like the issuer.…
What does a life estate mean for her rights to the home during a will dispute? – North Carolina Short Answer In North Carolina, a life estate gives the beneficiary the right to live in and use the home for life, along with responsibility for ordinary upkeep, taxes, and insurance. During a will caveat (challenge),…
How do I collect and use affidavits and evidence in a probate will contest? – North Carolina Short Answer In a North Carolina will contest (caveat), gather the will’s self-proving affidavit or witness affidavits from the Clerk’s file to prove due execution, then collect medical and lay witness evidence addressing capacity or undue influence. The…
How soon should a personal representative update creditors on the status of an asset sale? – North Carolina Short Answer North Carolina law does not require a personal representative to give running status updates to creditors about a pending asset sale. The required communications are the creditor notices early in the case and, if a…
