How do I appoint a health care agent in a living will? – North Carolina Short Answer In North Carolina, you do not appoint a health care agent in a living will. You appoint one using a Health Care Power of Attorney. A living will states your end-of-life wishes; a Health Care Power of Attorney…
Where should probate be filed when the decedent lived in a different state than the heir? – North Carolina Short Answer In North Carolina, probate is filed where the decedent was domiciled (their permanent home) at death—not where an heir lives. If the decedent was domiciled outside North Carolina but owned North Carolina real estate,…
Can the heir transfer their interest in dissolved corporate real estate without opening probate? – North Carolina Short Answer Usually no. In North Carolina, if land is still titled to a dissolved corporation, an individual heir cannot deed the real estate because the corporation—not its shareholders or their heirs—holds record title. If the heir’s claim…
How do I probate the will in North Carolina so the heir can legally sell their inherited share? – North Carolina Short Answer In North Carolina, you probate a will by filing it with the Clerk of Superior Court in the county where the decedent lived, along with the required application and proof. Once the…
How can I initiate a quiet title action to clear title on the land? – North Carolina Short Answer In North Carolina, you file a civil action in Superior Court in the county where the land sits to “quiet title” and remove clouds on ownership. You must name and serve all known and unknown claimants,…
How can I obtain a copy of the trust and will if the executor is refusing to share it? – North Carolina Short Answer In North Carolina, you can force the will’s custodian to produce it by filing an affidavit with the Clerk of Superior Court; once the will is probated, it is a public…
How do I contest trust amendments made while my sibling was seriously ill? – North Carolina Short Answer In North Carolina, you can challenge trust amendments and a will if they were made when the signer lacked capacity or was subjected to undue influence. Start by getting the will from the Clerk of Superior Court…
Can I remove the executor/trustee for breach of fiduciary duty or undue influence? – North Carolina Short Answer Yes. In North Carolina, a beneficiary or other interested person can ask the Clerk of Superior Court to remove an executor who mismanages an estate and can seek removal of a trustee for a serious breach of…
What can I do to challenge the trustee’s removal of me and my siblings as beneficiaries? – North Carolina Short Answer In North Carolina, a trustee cannot simply erase beneficiaries unless the trust allows it and any amendment was validly made. You can: (1) demand copies of the will and trust; (2) file a trust…
What liability do I face for paying the decedent’s debts as power of attorney? – North Carolina Short Answer In North Carolina, a power of attorney ends at death, so you are not personally liable for the estate’s debts and you had no duty as “POA” to open probate. If you paid the decedent’s bills…
