How can I probate an out-of-state will in North Carolina when it isn’t self-proving and lacks a notary affidavit? – North Carolina Short Answer In North Carolina, you can probate an out-of-state will that is not self-proving by proving its valid execution and genuineness to the Clerk of Superior Court. If the original witnesses are…
How do I seek removal of an agent’s child occupying property taken under a questionable POA? – North Carolina Short Answer In North Carolina, the personal representative of the parent’s estate typically must act to remove an occupant from real property wrongfully transferred under a power of attorney. First, restore or confirm the estate’s title…
What legal procedures apply when contesting a transfer made under a durable power of attorney? – North Carolina Short Answer In North Carolina, you can challenge a transfer made under a durable power of attorney (POA) by seeking court oversight of the agent’s conduct, demanding an accounting, and asking the court to void self-dealing transfers,…
Can I recover the real property or its value after it was improperly moved into the agent’s trust? – North Carolina Short Answer Yes. Under North Carolina law, courts can void an agent’s improper transfer, impose a constructive trust, trace assets into the agent’s trust, order return of the property, eject occupants, or award money…
What steps do I take to prove undue influence or breach of fiduciary duty by my sibling as agent? – North Carolina Short Answer In North Carolina, you prove an agent’s undue influence or breach of fiduciary duty by showing a fiduciary relationship (created by the power of attorney), self-dealing or actions not in the…
Can I use statements from the supplemental needs trust instead of original bank statements for final accounting? – North Carolina Short Answer No. For a North Carolina final account, the Clerk audits the estate’s receipts and disbursements and expects the personal representative to produce vouchers (like canceled checks or paid invoices) and estate bank statements…
How do I show home sale proceeds and repair expenses in the estate’s final accounting? – North Carolina Short Answer In North Carolina, you report estate money in the final account on AOC-E-506 as receipts and disbursements, each backed by vouchers (like closing statements, canceled checks, and itemized receipts). If the personal representative sold the…
What records do I need to prove where money went after closing the decedent’s original bank accounts? – North Carolina Short Answer In North Carolina, your final account to the Clerk of Superior Court must be supported by “vouchers” for every dollar that left the estate and receipts for each distribution. Acceptable proof includes bank…
How do I prepare a final accounting when estate funds moved into multiple trust and estate accounts? – North Carolina Short Answer In North Carolina, your final account must show every dollar that came into the estate (receipts) and every dollar paid out (disbursements and distributions), with backup documents for each entry. Transfers between estate…
How can I request estate documents from an executor? – North Carolina Short Answer In North Carolina, most estate documents you want—like the 90-day inventory and annual or final accountings—are filed with the Clerk of Superior Court and are publicly available. If the executor has not filed what the law requires, you (as an interested…
