Who counts as an heir when someone dies without a will and only extended family remains, and how are the shares divided? – North Carolina Short Answer Under North Carolina intestate succession law, if someone dies without a will and no spouse, children, or parents survive, the heirs are the closest living relatives in the…
How can I get an estate check that was mailed to the decedent’s old address and was returned to sender? – North Carolina Short Answer Under North Carolina probate law, an estate check that was mailed to the decedent’s former address and returned to sender must be reissued or redirected by the payer; the current…
Can I challenge my stepparent’s transfer after inheriting the home from my parent if our family intended it for me? – North Carolina Short Answer Under North Carolina law, a child may be able to challenge a stepparent’s transfer of a home, but only if the child has a legal interest in the property and…
What happens to accounts that are POD—do they bypass probate, and can I just use my own funds to pay the estate’s debts while keeping the house and cars? – North Carolina Short Answer In North Carolina, properly set up payable-on-death (POD) accounts pass directly to the named beneficiary and do not go through the…
How do I handle utilities, car insurance, and vehicle retitling before and after I receive letters testamentary? – North Carolina Short Answer Under North Carolina law, utilities and insurance stay in the decedent’s name until someone has legal authority to act, usually through letters testamentary. After the clerk issues letters, the executor can keep or…
What documents do I need to be appointed to handle the estate if the death occurred long ago and I only have access to a death certificate? – North Carolina Short Answer Under North Carolina law, even when a person died many years ago and there was no will, the Clerk of Superior Court can…
Can I contest a will if the signer didn’t understand it, and what proof would I need? – North Carolina Short Answer Under North Carolina law, a will can be contested if the person who signed it did not have “testamentary capacity” — meaning they did not understand what they were signing, their property, or…
How do I properly document funeral costs so they are reimbursable from the estate and clear to heirs and creditors? – North Carolina Short Answer In North Carolina, funeral and burial costs can be reimbursed from the estate if they are reasonable, within statutory limits, and well documented. The personal representative should keep the original…
How can I obtain a paid-in-full funeral receipt to include in the estate accounting? – North Carolina Short Answer In North Carolina probate, the personal representative should obtain a written, itemized statement from the funeral home that clearly shows the total charges and that the balance is paid in full. That statement, along with proof…
What should I do if the dealership provided only copies and I can’t locate the original title? – North Carolina Short Answer Under North Carolina law, a missing original motor vehicle title can usually be handled by requesting a duplicate title through the Division of Motor Vehicles (DMV). In a probate setting after a death,…
