How can I find out what has been filed in the estate case and what my rights are as a parent and interested person? – North Carolina Short Answer In North Carolina, most estate administration filings are kept in the estate file maintained by the Clerk of Superior Court (Estates Division) in the county where…
How do I stop a relative from taking or spending estate assets before probate is opened? – North Carolina Short Answer In North Carolina, the fastest way to stop a relative from taking or spending estate assets is usually to open the estate promptly with the Clerk of Superior Court so a personal representative (executor/administrator)…
How do I start probate when my parent left a will and owned a home only in their name? – North Carolina Short Answer In North Carolina, probate usually starts by taking the original will and a certified death certificate to the Clerk of Superior Court in the county where the parent was domiciled at…
If the only named beneficiary on a life insurance policy died before the insured, who is supposed to receive the payout? – North Carolina Short Answer In North Carolina, if the only named beneficiary died before the insured and there is no living contingent (backup) beneficiary, the policy usually pays the proceeds to the insured’s…
What documents do I need to sign to receive letters of administration? – North Carolina Short Answer In North Carolina, the document that must be signed to complete the appointment process and allow the Clerk of Superior Court to issue letters of administration is the administrator’s oath. Depending on the estate and the administrator’s residency,…
How should an estate handle rent from a tenant living in estate property after the owner dies, especially if the tenant is hard to reach? – North Carolina Short Answer In North Carolina, rent for property owned by a deceased person should generally be treated as an estate asset and collected by the court-appointed personal…
What happens to a joint bank account after a co-owner dies—can I keep using it or does it become part of the estate? – North Carolina Short Answer In North Carolina, a joint bank account often passes to the surviving co-owner outside of probate if the account was set up with a right of survivorship.…
What am I actually signing if the decedent’s family asks me to waive or renounce rights in the estate, and should I sign anything at all? – North Carolina Short Answer In North Carolina, “waiver/renunciation” paperwork can mean very different things, but many versions are designed to (1) give someone else the right to serve…
If I file for both a year’s allowance and a spouse’s share in the estate, can the adult children challenge it or block the distribution? – North Carolina Short Answer Yes. In North Carolina, adult children (and other people with legal standing) can challenge a surviving spouse’s year’s allowance award and can also participate in…
How do I enforce a will when the estate administrator refuses to give a beneficiary’s inheritance after the beneficiary dies? – North Carolina Short Answer In North Carolina, a beneficiary’s inheritance generally does not disappear just because the beneficiary dies before receiving it. In most cases, the beneficiary’s share becomes an asset of the beneficiary’s…
