What happens if the personal representative doesn’t file an inventory or accounting and the estate just sits open? – North Carolina Short Answer In North Carolina, a personal representative who does not file the required inventory or accountings can be ordered by the Clerk of Superior Court to file them by a set deadline. If…
Can my parent be evicted while the landlord’s estate is still being handled, and what notice would we have to get first? – North Carolina Short Answer Yes. In North Carolina, a landlord’s death does not freeze a month-to-month tenancy or prevent an eviction. The landlord’s estate (typically through the personal representative) or the successor…
What happens in probate if we can’t confirm whether a potential heir is alive or deceased? – North Carolina Short Answer In North Carolina probate, the estate usually cannot simply ignore a potential heir whose status is unclear. The personal representative typically must make a diligent effort to confirm whether the person is living and,…
What are the main responsibilities and risks for co-executors? – North Carolina Short Answer In North Carolina, co-executors (also called joint personal representatives) share the same core job: gather and protect estate assets, pay valid debts and expenses, and distribute what remains to the proper heirs or beneficiaries. The biggest practical risk is that co-executors…
Should the surviving spouse add an adult child to the deed now, or is it better to wait and let the home pass by inheritance later? – North Carolina Short Answer In North Carolina, adding an adult child to the deed now is often unnecessary and can create avoidable risks, especially if the surviving spouse…
If the other parent is deceased, how does that affect my child’s rights to any inherited land or proceeds? – North Carolina Short Answer In North Carolina, if a parent who would have inherited is already deceased, that parent’s child can often inherit in that parent’s place, depending on the family tree and whether the…
What happens if we can’t find the original signed will—can we still transfer the cars without going through full probate? – North Carolina Short Answer Sometimes, yes. In North Carolina, the DMV can allow a vehicle title transfer without opening a full estate if the Clerk of Superior Court agrees the situation fits a limited…
Can the executor send a formal letter demanding that relatives stop removing items from the house, and what happens if they ignore it? – North Carolina Short Answer Yes. In North Carolina, the person named as executor can send a formal “preservation of estate property” letter demanding that relatives stop entering the home and removing…
How can I challenge a will if I think the notarization or date was altered? – North Carolina Short Answer In North Carolina, the usual way to challenge a will based on a suspicious notarization, altered date, or other execution problems is to file a caveat in the decedent’s estate file with the Clerk of…
What happens if there is a will and I am not named as an heir—do I have any right to the bank account funds? – North Carolina Short Answer Usually, no. Under North Carolina law, if a deceased person left a valid will and a sibling is not named to receive a bank account (or…
