Will creditors of the deceased have any claim against the sale proceeds if the property passed to the surviving owner by the entirety? – North Carolina Short Answer Usually, no. In North Carolina, when a spouse dies owning a home as tenants by the entirety, the surviving spouse becomes the sole owner by survivorship, and…
How can I challenge a power of attorney signed when my parent had dementia? – North Carolina Short Answer In North Carolina, a power of attorney (POA) signed when a parent had dementia can be challenged by asking a court to review whether the parent had legal capacity at the time of signing and whether…
Can the surviving spouse complete the required affidavit or a spousal allowance remotely, or must they appear at the DMV? – North Carolina Short Answer Often, a surviving spouse in North Carolina can complete the paperwork without physically going to a DMV license plate agency, but the affidavit and title documents usually must be signed…
How do I prove I’m a legal heir in probate when other relatives are disputing my legitimacy? – North Carolina Short Answer In North Carolina probate, proving legal heir status usually means showing (1) the family relationship that makes someone an heir under the will or the intestacy laws and (2) legally recognized parentage if…
What happens to joint bank accounts when the account holder dies, and can a trustee get records or challenge the joint owner’s access? – North Carolina Short Answer In North Carolina, many joint bank accounts pass automatically to the surviving joint owner at death if the account was set up with a valid right of…
How do I pay the certification fee and request certified copies for my year’s allowance order online? – North Carolina Short Answer In North Carolina, certified copies for a year’s allowance (often handled using the AOC “Application and Assignment Year’s Allowance” form) are usually issued by the Clerk of Superior Court in the estate county,…
How do retirement account beneficiary designations affect my ability to access information or benefits as the surviving spouse? – North Carolina Short Answer In North Carolina, a retirement account beneficiary form usually controls who gets the benefit, and many retirement accounts pass outside probate. If the surviving spouse is not the named beneficiary, the spouse…
Can I require a buyout or force a sale if I co-own inherited property and the others aren’t paying rent? – North Carolina Short Answer In North Carolina, a co-owner usually cannot force the other co-owners to “buy out” a share just because they are living in the inherited home or not paying rent. However,…
What happens if the brokerage keeps the margin feature active after death—can the estate be liable for fees or interest? – North Carolina Short Answer In North Carolina, a decedent’s margin loan and related account charges usually remain a debt tied to the account until the position is closed or the debt is paid. That…
What happens if the estate does not have enough funds to cover our medical bill, and can we seek payment from insurance or other sources? – North Carolina Short Answer In North Carolina, if an estate is insolvent (not enough assets to pay all valid debts), the personal representative must pay claims in a statutory…
