Category Archives: Probate Q&A Series

If relatives have been living in the estate house, can their mortgage or upkeep payments be treated like rent instead of reimbursable expenses? nc

If relatives have been living in the estate house, can their mortgage or upkeep payments be treated like rent instead of reimbursable expenses? – North Carolina Short Answer Sometimes. In North Carolina, whether a relative’s mortgage, tax, insurance, or upkeep payments are reimbursable (instead of treated like “rent”) often turns on whether that person had…

After my parent dies without a will, can my siblings sell the real estate without my consent? nc

After my parent dies without a will, can my siblings sell the real estate without my consent? – North Carolina Short Answer Usually, no. In North Carolina, when a parent dies without a will, the parent’s real estate generally passes to the heirs at death, and one heir (or a group of heirs) typically cannot…

Can I be appointed to manage my sibling’s estate if other family members disagree? nc

Can I be appointed to manage my sibling’s estate if other family members disagree? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court can appoint a personal representative (an “executor” if there is a will, or an “administrator” if there is no will) even when family members disagree. The clerk…

How do I get started with administering an estate when multiple siblings are involved? nc

How do I get started with administering an estate when multiple siblings are involved? – North Carolina Short Answer In North Carolina, getting started usually means opening an estate with the Clerk of Superior Court in the county where the person lived, and having one person qualify to act as the personal representative (executor or…

When and how can heirs formally object to the personal representative’s actions during probate if we think the accounting is wrong? nc

When and how can heirs formally object to the personal representative’s actions during probate if we think the accounting is wrong? – North Carolina Short Answer In North Carolina, heirs can raise formal objections by filing an estate proceeding with the Clerk of Superior Court in the county where the estate is being administered, asking…

What documents are typically needed to show the court that the estate bond is current? nc

What documents are typically needed to show the court that the estate bond is current? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court usually treats the bond as “current” when the estate file shows an approved bond on record and there is no lapse or cancellation by the surety. The…

Do I need to go to court or file paperwork if I am an heir? nc

Do I need to go to court or file paperwork if I am an heir? – North Carolina Short Answer Usually, an heir does not have to go to court or file probate paperwork just to be an heir in North Carolina. Most of the required filings are handled by the personal representative (the executor…

Can the court undo asset changes made under a power of attorney after the person has passed away? nc

Can the court undo asset changes made under a power of attorney after the person has passed away? – North Carolina Short Answer Yes—under North Carolina law, a court can sometimes unwind (or require repayment for) asset changes made by an agent acting under a power of attorney, even after the principal has died. The…

How can I get my personal belongings back from a deceased relative’s property when the executor is trying to auction everything off? nc

How can I get my personal belongings back from a deceased relative’s property when the executor is trying to auction everything off? – North Carolina Short Answer In North Carolina, the executor generally has authority to take control of estate personal property and may be able to sell it, including by auction, to administer the…

What happens to a parent’s house and vehicles when they die without a will and there is a surviving spouse and one child? nc

What happens to a parent’s house and vehicles when they die without a will and there is a surviving spouse and one child? – North Carolina Short Answer In North Carolina, when a parent dies without a will and leaves a surviving spouse and one child, the spouse and child usually share the estate under…