If we signed an equitable distribution agreement but never got a divorce decree, do I still count as the surviving spouse for inheritance and estate rights? – North Carolina Short Answer Usually, yes. In North Carolina, a signed equitable distribution agreement does not end a marriage by itself, so if no absolute divorce decree was…
What kind of proof does the court need to accept a lost or destroyed will as valid? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can admit a lost or destroyed will (often by probating a copy) only if the person offering it proves the will’s validity and explains why…
What is the proper way to transfer an estate vehicle to someone else, and what happens if someone tries to gift it without a title transfer? – North Carolina Short Answer In North Carolina, an estate vehicle should be transferred through the DMV using the correct authority document (often the personal representative’s Letters or a…
How do I open an estate when my child’s other parent died without a will and I need to handle a house and bank account? – North Carolina Short Answer In North Carolina, an intestate (no-will) estate is usually opened by applying to the Clerk of Superior Court in the county where the person lived…
As an heir named in the will, what information am I entitled to receive about the estate assets, inventory, and distributions during probate? – North Carolina Short Answer In North Carolina probate, the personal representative (executor/administrator) must file an inventory and later file accountings with the Clerk of Superior Court that show what probate assets…
What happens if one heir tries to list or sell the property before the estate is opened or before the personal representative approves the sale? – North Carolina Short Answer In North Carolina, an heir can market a property interest, but an heir usually cannot deliver clear, “safe” title to a buyer during estate administration…
What happens if a beneficiary refuses to sign the receipt or paperwork needed to close the probate estate? – North Carolina Short Answer In North Carolina, a beneficiary’s refusal to sign a receipt, release, or similar closing paperwork usually does not “freeze” the estate forever, but it can delay closing and keep the personal representative…
Where do I have to open probate if my parent died while living with me in another state but still had a home in a different state? – North Carolina Short Answer In North Carolina, probate is handled by the Clerk of Superior Court, and the right place to open (or participate in) a North…
What happens if the estate administrator filed probate paperwork that included false information? – North Carolina Short Answer In North Carolina, probate paperwork filed with the Clerk of Superior Court matters because it affects who has authority over the estate and what the court believes is true. If an estate administrator obtained appointment through a…
How do I transfer a minor beneficiary’s inheritance into a custodial account during probate? – North Carolina Short Answer In North Carolina, a personal representative can usually transfer a minor beneficiary’s inheritance into a custodial account under the North Carolina Uniform Transfers to Minors Act (UTMA) by titling the account and transfer documents in the…
