Can I inherit my parent’s entire estate as the only living heir if there is no will? – North Carolina Short Answer Yes—under North Carolina’s intestacy rules, if your parent dies without a valid will, has no surviving spouse, and you are the only surviving child, you inherit the entire probate estate after debts and…
How can I locate my parent’s original will when my niece holds power of attorney? – North Carolina Short Answer In North Carolina, a living person’s will is private. Before death, only your parent (or an authorized agent) may inspect a will deposited with the Clerk; if your parent is incompetent, the Clerk typically will…
How do I request a will from the court clerk in North Carolina? – North Carolina Short Answer In North Carolina, you cannot get a living person’s will from the Clerk unless the testator deposited it for safekeeping and personally authorizes access; if the testator is incompetent, the Clerk generally will not release it to…
What rights do I have regarding estate assets when the power of attorney is held by someone else? – North Carolina Short Answer In North Carolina, while your mother is alive, her assets belong to her—not to future heirs—and her financial agent under a power of attorney (POA) must manage them for her benefit. You…
What happens if a will can’t be found after someone dies in North Carolina? – North Carolina Short Answer If the original will can’t be located in North Carolina, the law presumes it was revoked if it was last in the decedent’s possession. That presumption can be overcome, and a copy may be probated, but…
How do I protect my beneficiary rights to a life insurance policy when someone else is collecting proceeds? – North Carolina Short Answer In North Carolina, life insurance pays to the named beneficiary on the policy, not under the will or through probate. To protect your rights, file your claim with the insurer immediately, notify…
How can I compel a relative to file my grandparent’s complete will with the court? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to order whoever holds the will to produce it. You file an application by affidavit showing a will exists and that a person in…
Can I seek appointment as estate administrator if I’m named as an heir but not listed as executor? – North Carolina Short Answer Yes. In North Carolina, if no executor is able or willing to serve—or the will does not name one—you may petition the Clerk of Superior Court to be appointed. If a valid…
How can I clear title and get title insurance for a property left out of a trust? – North Carolina Short Answer In North Carolina, you clear title to a omitted real estate by probating the decedent’s will with the Clerk of Superior Court in the county where the land sits, then recording the probated…
What are the consequences of signing a renunciation of my right to letters of administration? – North Carolina Short Answer In North Carolina, signing a renunciation of your right to letters of administration gives up your priority to serve as the estate’s personal representative. The Clerk of Superior Court may then appoint someone else, although…
