How can I apply for an undue hardship waiver to stop Medicaid from claiming my inherited home? – North Carolina Short Answer North Carolina allows the Department of Health and Human Services (DHHS) to recover certain Medicaid costs from a deceased person’s estate, including a home. You can request an undue hardship waiver or a…
What steps do I need to take to open probate for my parent’s estate? – North Carolina Short Answer In North Carolina, you open probate by filing an Application for Probate and Letters with the Clerk of Superior Court in the county where your parent lived, along with the original will if available. If you…
How should I handle repossession risk and loan obligations for estate vehicles? – North Carolina Short Answer In North Carolina, a personal representative must secure and insure estate vehicles, then decide quickly whether to keep, sell, or surrender them based on the estate’s solvency and any liens. You may sell a vehicle without a court…
What happens if the other heir tries to sell their share of an estate property under contract without my signature? – North Carolina Short Answer In North Carolina, one heir can sign a contract to sell only their own undivided interest; they cannot convey full title to the property without all co-owners (and, during administration,…
What steps must I take to file an inventory and petition to sell real property in probate? – North Carolina Short Answer In North Carolina, the personal representative files a verified inventory within three months of qualifying and, if estate real estate must be sold to pay debts or for administration, files a special proceeding…
Can I give the other heir the first chance to buy estate vehicles at loan or salvage value? – North Carolina Short Answer Yes—if you are the personal representative, you may sell estate vehicles to an heir without a court order, but you must act in the estate’s best interests and obtain fair market value.…
How do I obtain a copy of the probate file or instrument details for a will recorded elsewhere? – North Carolina Short Answer In North Carolina, once a will is probated, the estate file and the will are public records kept by the Clerk of Superior Court’s Estates Division. You can request plain, certified, or…
How can I challenge the appointment of the decedent’s sibling as estate administrator? – North Carolina Short Answer In North Carolina, you challenge a sitting administrator by filing a verified petition with the Clerk of Superior Court to revoke the letters of administration. You must show a legal ground, such as disqualification, mistake in the…
What rights do I have as a long-term partner of someone who died without a will? – North Carolina Short Answer In North Carolina, an unmarried long-term partner does not inherit under the intestacy laws and does not have automatic priority to serve as estate administrator. You can still protect your interests by acting as…
What steps are needed to conduct ancillary probate for a timeshare asset probated elsewhere? – North Carolina Short Answer In North Carolina, you typically either (1) file a certified copy of the out-of-state probate to admit the will here without appointing a local personal representative, or (2) have the out-of-state personal representative apply for North…
