Who handles a bond increase when a special proceeding results in the sale of estate property? – NC Short Answer In North Carolina, the judge or clerk with jurisdiction over the special proceeding handles the bond requirement when a court-approved sale of estate property will produce sale proceeds for the estate. Before the personal representative…
What happens if a bond modification order for an estate is missing from the court portal? – NC Short Answer In North Carolina, a missing bond modification order in the court portal usually means the clerk has not yet created, signed, or uploaded the order. Until the increased bond is entered and approved, the personal…
Can an estate receive sale proceeds from real property before the increased bond is entered? – NC Short Answer No. Under North Carolina law, when an estate fiduciary is ordered to sell real property, the clerk must require the fiduciary to furnish or increase the bond before the estate fiduciary receives the sale proceeds. If…
What happens if a family member passes away and no one can locate a will? – NC Short Answer In North Carolina, if no will can be found, the estate is usually handled as an intestate estate unless a valid will is later located and admitted to probate. The clerk of superior court in the…
How can I find out whether my cousin had a will? – NC Short Answer In North Carolina, the usual place to find out whether a deceased person had a will is the Clerk of Superior Court in the county where the estate is being handled or where the person lived at death. If a…
Can a law firm confirm whether it prepared a will for someone who has died? – NC Short Answer Usually not to just anyone. In North Carolina, a law firm generally must protect a client’s confidential information even after the client dies, so it may refuse to confirm whether it prepared a will unless the…
Can my spouse bring a claim if they received nothing from a parent’s estate despite being named to inherit? – NC Short Answer Usually, no. In North Carolina, the person who was allegedly named in the parent’s will may have a claim, but that person’s spouse usually does not have an independent probate claim just…
Can assets transferred into a sibling’s name before a parent dies still be challenged as part of the inheritance? – NC Short Answer Yes. In North Carolina, property moved into a sibling’s name before a parent dies may still be challenged, but the claim is usually not a simple will contest. A will controls only…
How do we challenge a will or estate distribution when one family member says everything was already put in their name? – NC Short Answer In North Carolina, the answer depends on whether the property was still part of the estate at death or had already passed outside probate. A person with an interest in…
What happens if a sibling gives inherited property to their child after cutting another heir out? – NC Short Answer In North Carolina, a sibling usually cannot defeat another heir’s rights simply by moving estate property into that sibling’s own name and then transferring it to that sibling’s child. The key question is whether the…
