How do I challenge a will if I believe my relative had dementia and wasn’t mentally able to change it? – North Carolina Short Answer In North Carolina, a will is usually challenged by filing a caveat, which is the formal will-contest process. A dementia diagnosis alone does not automatically invalidate a will; the key…
How is a deceased person’s partial ownership share in sold real property handled when the estate is being probated in a different state? – North Carolina Short Answer Under North Carolina law, when a decedent’s estate is being administered in another state but there are North Carolina-connected sale proceeds tied to the decedent’s ownership interest,…
Do I need to open probate, or can a small‑estate process work in my situation? – North Carolina Short Answer In North Carolina, full probate (a formal estate administration) is often needed when a deceased parent owned assets in their sole name that do not have a built-in transfer method. However, some estates can use…
What happens if I refuse to give my income and networth info to the company holding an estate asset? – North Carolina Short Answer In North Carolina, a company holding an estate asset (like a bank, brokerage, or other custodian) usually cannot be forced to release the asset to an estate without enough information to…
What is the difference between an uncontested estate case and a contested special proceeding related to selling estate property? – North Carolina Short Answer In North Carolina, an uncontested estate case is the regular probate administration where the Clerk of Superior Court oversees the personal representative’s routine work—collecting assets, paying valid debts, and filing inventories…
How can I stop a foreclosure auction on a deceased parent’s home if probate isn’t opened yet? – North Carolina Short Answer In North Carolina, the fastest way to stop (or at least pause) a foreclosure auction on a deceased parent’s home is usually to (1) open an estate and get someone appointed by the…
What happens after I file to open the estate, and what deadlines should I expect? – North Carolina Short Answer In North Carolina, after an estate is opened with the Clerk of Superior Court (Estates), the personal representative typically must (1) get “letters” showing authority to act, (2) give notice to creditors, and (3) file…
What happens if I don’t have the death certificate yet—can probate still begin or do I need to wait? – North Carolina Short Answer In North Carolina, probate can often begin even if a certified death certificate is not available yet. The Clerk of Superior Court can accept other proof of death to start the…
If one parent had a will leaving everything to the other but we can’t locate it, what happens to the home and mortgage now that both have passed? – North Carolina Short Answer In North Carolina, if the will cannot be found and cannot be proven as a “lost will,” the estate is usually handled…
How can I challenge or modify a protection order that was entered against me after I moved to a different state? – North Carolina Short Answer In North Carolina, the safest starting point is usually the court that issued the protection order, because that court typically keeps authority to change (modify) or end (terminate) its…
