Can I recover expenses I paid for preparing and selling estate property from the estate as a reimbursement? – North Carolina Short Answer Yes, if your out-of-pocket costs were necessary and reasonable to preserve or sell estate (or trust) property, North Carolina law allows them to be reimbursed as administration expenses, which have first priority…
What legal remedies are available to recover funds misappropriated by a POA during an elder’s care? – North Carolina Short Answer In North Carolina, you typically recover money or property taken by a power of attorney (POA) through (1) an accounting order against the agent and (2) a civil lawsuit for breach of fiduciary duty…
How do I use witness affidavits to authenticate a will if a relative is blocking probate? – North Carolina Short Answer In North Carolina, you can prove (authenticate) a will before the Clerk of Superior Court using sworn affidavits from the subscribing witnesses when the will is not self-proved. If a relative is withholding the…
How can I challenge a property deed transfer made under a power of attorney as invalid? – North Carolina Short Answer In North Carolina, you typically challenge a deed signed by an agent under a power of attorney by opening the estate, having the personal representative (PR) appointed, and filing a Superior Court action to…
What steps do I need to start probate when the appointed executor or POA won’t sign documents? – North Carolina Short Answer In North Carolina, you can start probate without the named executor’s cooperation. File to probate the will with the Clerk of Superior Court; if the named executor won’t qualify, ask the clerk to…
Can I file a breach of fiduciary duty claim against a relative who abused their power of attorney? – North Carolina Short Answer Yes. In North Carolina, an agent under a power of attorney owes a fiduciary duty to act in the principal’s best interests. After death, the personal representative of the estate (and, in…
What steps are required to correct marital status and add a surviving spouse on a death certificate? – North Carolina Short Answer In North Carolina, the State Registrar can amend a death certificate when shown reliable proof or when directed by a court order. To add a surviving spouse or correct marital status from decades…
Can amending the death certificate allow the decedent’s spouse to claim benefits? – North Carolina Short Answer Yes—if the death certificate incorrectly omits a surviving spouse, getting it amended can help the spouse qualify for benefits. In North Carolina, the State Registrar can amend vital records, and for marital status changes often requires a court…
How can I obtain a court order in North Carolina to amend an old death certificate? – North Carolina Short Answer In North Carolina, you generally obtain a court order to amend a death certificate by either: (1) filing a civil action in Superior Court for a declaratory judgment directing the State Registrar (NC Vital…
Is opening a probate estate necessary to get a court order for a death certificate amendment? – North Carolina Short Answer No. In North Carolina, you do not have to open a probate estate to obtain a court order directing a death certificate amendment. You can seek a standalone court order—typically by filing a civil…
