How can I be appointed executor when my parent named my sibling first but they refuse to serve? — North Carolina Short Answer In North Carolina, if the person named as executor will not serve, they can file a written renunciation or, after notice, be deemed to have renounced if they do not qualify in…
Can I stop Medicaid from filing a claim against my mother’s home or forcing me to sign over her deed in North Carolina? — North Carolina Short Answer In North Carolina, the Department of Health and Human Services (DHHS) can file a Medicaid estate recovery claim against a deceased recipient’s probate estate, which may include…
How can I arrange a survey for property I co-own with a sibling? — North Carolina Short Answer In North Carolina, you can hire a licensed surveyor to map co-owned land with your permission as a co-owner. If your sibling won’t cooperate or blocks access, you can file a partition special proceeding and ask the…
Who is responsible for paying for a property survey when co-owners disagree? — North Carolina Short Answer In a North Carolina partition case, the clerk of superior court can order a property survey and decide who pays for it. Often, the court requires one party to advance the survey cost, but the fee is ultimately…
Is there a way to keep the house instead of selling it when multiple heirs own it? — North Carolina Short Answer Yes. In a North Carolina partition case, courts prefer to split property in kind if it can be done fairly. For a single house on a lot, the court can award the whole…
Why is my inherited house not considered a probate asset, and can I make mortgage payments to avoid foreclosure without the administrator’s help? — North Carolina Short Answer In North Carolina, title to a decedent’s real estate usually passes directly to the heirs or devisees at death, not to the estate. That is why the…
Can I challenge my sibling’s use of my deceased parent’s bank account for mortgage payments before they are officially appointed administrator? — North Carolina Short Answer Yes. In North Carolina, an interested heir can ask the Clerk of Superior Court to investigate and order the return of estate funds taken or used before anyone is…
Can I force the return of sentimental items from my sibling during probate? — North Carolina Short Answer Yes—if the items belong to the estate, North Carolina law allows the personal representative (PR) to demand their return and use the court process to enforce it. A PR (or any interested person) can file an estate…
In North Carolina probate, do I have to post a bond to serve as administrator when there’s no will, or can we all agree to waive it? — North Carolina Short Answer By default, an administrator in a North Carolina intestate estate must post a bond. If the proposed administrator is a North Carolina resident…
How can I apply to serve as administrator of my mother’s estate in North Carolina when she died without a will? — North Carolina Short Answer File an Application for Letters of Administration with the clerk of superior court in the North Carolina county where your mother lived at death. If you have priority to…
