What are the consequences if we can’t reach an agreement and have to ask the court to step in to force a sale or bring the property into the estate? – North Carolina Short Answer In North Carolina, if heirs cannot agree, the dispute often shifts into a court-supervised process that can (1) force a…
How can we challenge a joint bank account change if the account holder had dementia and may not have understood what they signed? – North Carolina Short Answer In North Carolina, a joint account with right of survivorship can move money outside the will, so a late-in-life change can matter a lot. A challenge usually…
If the estate was already handled abroad, can I still do an ancillary probate in the U.S. just to collect U.S. bank accounts? – North Carolina Short Answer Yes. Even if an estate was opened and closed in another country, North Carolina can still require a North Carolina estate proceeding (often called an ancillary estate)…
Who is legally entitled to the money in the U.S. accounts if there is a will, but I haven’t seen the will myself? – North Carolina Short Answer In North Carolina, money in a deceased person’s bank accounts with no named beneficiary is usually paid to the person legally authorized to act for the estate…
Can I access or get information about my spouse’s bank accounts if some were joint accounts or were changed shortly before death? – North Carolina Short Answer In North Carolina, access depends on how each account was titled and whether there was a survivorship or payable-on-death (POD) designation. A surviving joint owner can usually access…
Can an insurance company reissue a returned check for an estate once the estate is opened? – North Carolina Short Answer Yes, in North Carolina an insurance company can typically reissue a returned check once an estate is opened, but it will usually require proof of who has legal authority to receive the funds. In…
After the estate account receives the remaining funds, what is the process for paying creditor claims and distributing what’s left to the heirs? – North Carolina Short Answer In North Carolina, once estate funds are in the estate account, the personal representative generally pays valid estate expenses and creditor claims first, in the legal order…
What can heirs do if they were never notified about a will being filed or an estate being opened until they heard through family? – North Carolina Short Answer In North Carolina, an heir who learns late that a will was filed or an estate was opened can usually start by getting the estate file…
How do I get an apostille for a death certificate and other probate documents from another country so I can use them in probate here? – North Carolina Short Answer For North Carolina probate, an apostille is usually obtained from the country that issued the death certificate or probate papers, not from North Carolina. In…
How can I challenge a will if I believe a family member committed fraud or undue influence? – North Carolina Short Answer In North Carolina, the usual way to challenge a will for fraud or undue influence is to file a caveat in the decedent’s estate file with the Clerk of Superior Court. In most…
