How do I establish myself as the sole administrator so I can sell inherited real property? – North Carolina Short Answer In North Carolina, you ask the Clerk of Superior Court to remove the current personal representative and appoint you as the successor. If appointed and properly bonded, you can manage and, if needed, sell…
What are the potential costs and risks of contesting an estate accounting in probate court? – North Carolina Short Answer In North Carolina, you can appeal a clerk-approved estate accounting to Superior Court, but you must file a written notice of appeal with the Clerk of Superior Court within 10 days of being served with…
Can I challenge the method used to value estate assets like a vehicle? – North Carolina Short Answer Yes. In North Carolina, estate assets should be valued at their fair market value as of the date of death, not a uniform tax value. If a final account used the wrong valuation method, you can challenge…
Can I sue the former executor or their relative for mishandling estate assets? – North Carolina Short Answer Yes. In North Carolina, you can bring a civil lawsuit in Superior Court against a former executor for breach of fiduciary duty and related damages, and you can pursue a relative who wrongfully took or controlled estate…
How do I secure legal title to estate vehicles that haven’t been transferred? – North Carolina Short Answer In North Carolina, if an estate closed but vehicle titles remain in the decedent’s name, ask the Clerk of Superior Court to reopen the estate for the limited purpose of transferring those titles. The clerk can reissue…
How can I appeal the approved estate accounting within the deadline? – North Carolina Short Answer In North Carolina, you appeal a Clerk of Superior Court’s order approving a final estate accounting by filing a written Notice of Appeal in the estate file within 10 days after you are served with the order. Your notice…
Can I pursue trust litigation against a non-compliant trustee without seeking guardianship for my parent? – North Carolina Short Answer Yes. In North Carolina, beneficiaries can file a trust proceeding to compel a trustee to provide information or an accounting, seek instructions, require a bond, or request removal without first seeking guardianship. Whether you personally…
What remedies are available if I suspect financial exploitation by a trustee or agent under power of attorney? – North Carolina Short Answer In North Carolina, you can move fast in the Clerk of Superior Court to compel an accounting, suspend or remove a trustee or an agent under a power of attorney, and secure…
How do I address unresponsive caregivers and involve social services or the court to ensure my parent’s care? – North Carolina Short Answer In North Carolina, you can act on two tracks: (1) involve Adult Protective Services (APS) through your county Department of Social Services to address immediate care and safety, and (2) ask the…
What steps do I need to petition the court for my parent’s trust records and challenge a trustee’s failure to respond? – North Carolina Short Answer In North Carolina, a qualified beneficiary can file a trust proceeding with the Clerk of Superior Court asking for an order compelling the trustee to provide the trust instrument…
