What can I do if my relative’s child changed the will without telling me after I had been providing years of care? – North Carolina Short Answer In North Carolina, a relative’s child generally cannot “change the will” on their own; only the person who made the will can change it, as long as they…
If my spouse died and we were never formally divorced, why would the probate affidavit say they were not married? – North Carolina Short Answer In North Carolina probate, an affidavit may list the decedent as “not married” because the person completing it believes there was no legal surviving spouse for probate purposes, even if…
Can the life tenant and the remaindermen sign a private agreement listing what items stay with the house and what personal property is only being “loaned” for use during the life estate? – North Carolina Short Answer Yes. In North Carolina, the life tenant and all remaindermen can sign a written private agreement that clearly…
How do I claim money being held by the state treasury or unclaimed property office for a deceased family member when I have power of attorney for a living relative? – North Carolina Short Answer In North Carolina, a power of attorney for a living person usually does not let an agent claim unclaimed property…
Do I need a quitclaim deed, an executor/administrator deed, or something else to transfer the house after a death? – North Carolina Short Answer In North Carolina, the “right” deed depends on how the home passed at death and whether a personal representative had authority to sign for the estate. If the home passed to…
What can I do if someone transferred my deceased parent’s property after they died without telling the heirs? – North Carolina Short Answer In North Carolina, the first practical step is usually to open the estate with the Clerk of Superior Court and get a personal representative appointed, then immediately pull the recorded deeds and…
If the court doesn’t act quickly, what steps can I take to move the estate administration forward? – North Carolina Short Answer In North Carolina, most estate administration issues are handled by the Clerk of Superior Court, and delays can often be addressed by filing a targeted petition or motion that asks the Clerk to…
What counts as part of a life estate in a home versus personal property, especially for things like appliances, built-in ovens, HVAC systems, and lighting fixtures? – North Carolina Short Answer In North Carolina, a life estate in a home generally covers the real property and the items that are treated as part of the…
Do joint bank accounts automatically become mine after a parent dies, or do they have to go through probate? – North Carolina Short Answer In North Carolina, a joint bank account does not automatically “go through probate” if it was set up with a valid right of survivorship (or as a payable-on-death (POD) account). In…
If money was transferred to me after my parent died, how do I document where it came from and how it should be handled in the estate? – North Carolina Short Answer In North Carolina, money that moved to someone after a parent’s death should be documented so the clerk of superior court (estate division)…
