Can I challenge a power of attorney document and property sale if the grantor was incapacitated and under undue influence? – North Carolina Short Answer Yes. In North Carolina, you can ask the Clerk of Superior Court to review a power of attorney and transactions made under it if the principal lacked capacity or the…
How do I prove undue influence or lack of capacity in a probate dispute? – North Carolina Short Answer In North Carolina, you challenge a probated will by filing a “caveat” and proving, by the greater weight of the evidence, either (1) the signer lacked testamentary capacity, or (2) the will was the product of…
How can I apply for an EIN for my grandparent’s estate online? – North Carolina Short Answer In North Carolina, the personal representative applies online for the estate’s federal Employer Identification Number (EIN) on the IRS website after being appointed and receiving Letters from the Clerk of Superior Court. Banks usually require both the EIN…
What steps are required to file probate paperwork with the court clerk? – North Carolina Short Answer In North Carolina, you open an estate with the Clerk of Superior Court in the county where the decedent lived by filing an application for letters, the original will (if any), and proof of death. You then qualify…
Can I complete estate administration tasks like getting an EIN without being an administrator? – North Carolina Short Answer In North Carolina, you generally cannot act for an estate—like getting an EIN or opening an estate bank account—until the Clerk of Superior Court appoints you and issues Letters. A narrow exception lets a named executor…
How can I find a probate lawyer in North Carolina to help me contest my spouse’s will? – North Carolina Short Answer In North Carolina, a will contest is called a “caveat.” You file it with the Clerk of Superior Court in the county where the will was probated, and the case is then tried…
What evidence do I need to support a challenge to my spouse’s will? – North Carolina Short Answer In North Carolina, you challenge a will by filing a caveat and proving a valid ground such as improper execution, lack of testamentary capacity, undue influence, fraud, duress, mistake, or revocation. Useful evidence includes medical and caregiving…
What is the process for filing a will contest in probate court in North Carolina? – North Carolina Short Answer In North Carolina, you contest a will by filing a “caveat” with the Clerk of Superior Court in the county where the will was probated. The clerk immediately transfers the case to Superior Court for…
How can I dispute creditor claims that were filed after the deadline in my parent’s probate proceeding? – North Carolina Short Answer In North Carolina, unsecured creditor claims that are presented after the estate’s published “bar date” are generally disallowed. Ask the personal representative (administrator) to issue a written rejection of any late, unsecured claims…
What steps can I take to make sure the administrator properly inventories and sells estate assets before distributing sale proceeds? – North Carolina Short Answer In North Carolina, you can monitor the estate file, demand a timely inventory and accountings, and participate in any court proceeding to sell real property. If the administrator misses deadlines…
