Should I avoid communicating with the other side while a possible will contest is pending, and can anything I say be used against me? – North Carolina Short Answer In North Carolina, it is usually wise to limit direct communication with the other side once a will contest (a “caveat”) is likely or has started,…
What does the retainer and hourly billing cover in a probate representation? – North Carolina Short Answer In a North Carolina probate representation, a retainer usually functions as an advance deposit that the lawyer applies to future hourly work and case costs, not as a flat fee that covers everything. Hourly billing typically covers the…
If I file the older will first, what happens if someone later files a different will from right before the person died? – North Carolina Short Answer In North Carolina, if an older will is admitted to probate first and someone later produces a different will, the later will does not automatically “replace” the first…
How can I contest a last-minute will change if I think there was undue influence or the person lacked capacity? – North Carolina Short Answer In North Carolina, a last-minute will change is usually contested by filing a caveat in the decedent’s estate file with the Clerk of Superior Court, then litigating the dispute in…
What happens if a will was signed but the notary seal is missing—can it still be admitted to probate? – North Carolina Short Answer Yes, often it can. In North Carolina, a seal is not required for a will to be valid, and a missing notary seal usually affects only whether the will qualifies as…
If the beneficiary dies after inheriting property, do we have to reopen the original estate or start a new estate for the beneficiary? – North Carolina Short Answer In North Carolina, it usually depends on whether the beneficiary actually received (or became legally entitled to) the inheritance before death. If the beneficiary died after the…
Can I pay the back property taxes to stop a tax sale even if the land isn’t in my name yet, and does paying taxes give me any ownership rights later? – North Carolina Short Answer In North Carolina, a person can usually pay delinquent real property taxes to stop or prevent a tax foreclosure…
What steps are needed to transfer family land that is still titled in a deceased relative’s name into my name? – North Carolina Short Answer In North Carolina, land titled in a deceased person’s name usually cannot be put into an heir’s name until the estate paperwork that proves inheritance is on record. If there…
Can a lawyer take over my probate matter after the estate has already been opened? – North Carolina Short Answer Yes. In North Carolina, a lawyer can usually enter an appearance and take over a probate matter even after the estate has already been opened, as long as the lawyer has time to review the…
What happens if I miss the deadline to file my response in probate? – North Carolina Short Answer In North Carolina probate proceedings before the Clerk of Superior Court, missing the response deadline does not work like a civil “default judgment” in most estate proceedings. Even if no response is filed on time, the clerk…
