What happens if someone used a power of attorney to change a retirement or pension beneficiary, and can that be challenged? – North Carolina Short Answer In North Carolina, a power of attorney (POA) agent cannot automatically change a retirement or pension beneficiary just because the POA is “broad.” Many beneficiary changes require specific authority…
If my co-executor sibling is hands-off, can I handle the estate alone and what paperwork is needed to do that properly? – North Carolina Short Answer Sometimes. In North Carolina, if a will names co-executors, the Clerk of Superior Court usually expects both to qualify and act unless one co-executor formally steps aside (renounces), resigns…
What happens if the life insurance proceeds are not enough to cover the funeral and other estate expenses? – North Carolina Short Answer In North Carolina, life insurance proceeds usually go directly to the named beneficiary and are not estate money. If those proceeds are not enough to cover the funeral and other estate expenses,…
What can I do if I believe there is a will but the heir refuses to produce it? – North Carolina Short Answer In North Carolina, a person who has a deceased person’s will is not supposed to keep it hidden. If there are facts showing a will exists and someone in North Carolina has…
Can the surviving spouse sell a home that was titled only in the decedent’s name, and do the children have to sign off on the sale? – North Carolina Short Answer Usually, not immediately and not by the surviving spouse alone. In North Carolina, if the home was titled only in the decedent’s name and…
Can I close the estate if the only remaining issue is that the house is titled in the trust? – North Carolina Short Answer Often, yes. In North Carolina, an estate can usually be closed once the personal representative has collected and handled the probate assets, paid valid claims and expenses, and filed the required…
How do I get a certified copy of my letters testamentary so I can deal with a life insurance company? – North Carolina Short Answer In North Carolina, a certified copy of Letters Testamentary comes from the Clerk of Superior Court in the county where the estate is opened. If the clerk has not issued…
What documents are typically required to move title of inherited property to the heirs when the decedent lived in a different state? – North Carolina Short Answer In North Carolina, the documents needed to move title of inherited real estate to heirs usually depend on where the land is located, not where the decedent lived.…
What kind of evidence is enough to prove there was a will when I only have witnesses who heard it discussed? – North Carolina Short Answer In North Carolina, witnesses who only heard a will discussed usually are not enough, by themselves, to get a “lost will” admitted to probate. The Clerk of Superior Court…
How do we clear up the title when property tax records or online listings show the wrong owner name? – North Carolina Short Answer In North Carolina, a wrong owner name on a county tax record or an online listing usually does not change legal title. Title is controlled by the recorded deed(s) and, in…
