How do I open probate for a parent who died without a will in North Carolina? – North Carolina Short Answer In North Carolina, you open an intestate estate by applying with the Clerk of Superior Court for “Letters of Administration.” Use the Application for Letters of Administration (AOC-E-202), file your oath, and post a…
How do I serve notice to other heirs and complete a title and judgment search to recover surplus funds? – North Carolina Short Answer In North Carolina, you recover foreclosure surplus held by the Clerk of Superior Court by filing a verified petition in the foreclosure county, serving all interested parties under the special‑proceeding rules,…
Can I revoke a power of attorney that has already been used for medical or financial decisions? – North Carolina Short Answer Yes. In North Carolina, a competent principal may revoke a financial or health care power of attorney at any time. Prior actions taken by the agent under a valid power of attorney remain…
How can I legally revoke a power of attorney when my agent won’t destroy or return it? – North Carolina Short Answer In North Carolina, you can revoke a power of attorney (POA) by signing a written revocation and giving actual notice to your agent and anyone relying on the POA (banks, hospitals, title companies).…
How can I claim foreclosure surplus funds from my parent’s estate when there is no will? – North Carolina Short Answer In North Carolina, foreclosure “surplus funds” belong to the property owner; if the owner has died, they are an asset of the estate. When there is no will, the Clerk of Superior Court will…
What is the difference between a living will and a health care power of attorney? – North Carolina Short Answer In North Carolina, a living will (Advance Directive for a Natural Death) states your end-of-life treatment choices; a health care power of attorney (HCPOA) names a person to make medical decisions for you if you…
What steps do I need to appoint my friend as my agent and my child as a backup agent? – North Carolina Short Answer In North Carolina, you appoint a primary agent and a backup by signing two documents: a durable financial power of attorney and a health care power of attorney. You must follow…
How can I set up a medical power of attorney before my upcoming surgery? – North Carolina Short Answer In North Carolina, you create a Health Care Power of Attorney by signing the state-compliant form in front of two qualified adult witnesses and a notary. Your health care agent’s authority typically begins when your attending…
How do I prove adopted-out children are not heirs under intestacy rules? – North Carolina Short Answer In North Carolina, a child legally adopted by someone else generally does not inherit from a birth parent under intestacy. To exclude adopted-out children as heirs, the administrator should provide reliable proof of each adoption (for example, a…
How do I request bank records to confirm what was in the decedent’s account at death? – North Carolina Short Answer In North Carolina, the court-appointed administrator can request a decedent’s bank records by sending each bank a written request with certified Letters of Administration and the death certificate, asking for the date‑of‑death balance, accrued…
