How do I switch attorneys during an estate matter if I’m unhappy with my current representation? – North Carolina Short Answer In North Carolina, a client generally can change attorneys in an estate matter by hiring new counsel and ending the relationship with the current lawyer in writing. If a formal estate proceeding is pending…
What happens if I think the executor is mishandling estate assets? – North Carolina Short Answer In North Carolina, an executor (also called a personal representative) must gather estate assets, pay valid debts, and distribute what remains to the beneficiaries. If there are signs the executor is mishandling assets, a beneficiary can ask the Clerk…
What can I legally do with estate property left on my land if the executor won’t pick it up? – North Carolina Short Answer In North Carolina, estate property generally remains under the executor’s (personal representative’s) responsibility to gather, safeguard, and distribute. A beneficiary who is storing estate items on private land usually should not…
Can I force the executor to remove the deceased person’s belongings from my property, and who is responsible for the cost and logistics? – North Carolina Short Answer In North Carolina, the executor (personal representative) is generally responsible for collecting, safeguarding, and ultimately distributing the decedent’s personal property, which usually includes arranging to pick up…
What happens to a power of attorney after someone dies, and does it help me handle the estate? – North Carolina Short Answer In North Carolina, a power of attorney generally stops working when the person who signed it (the “principal”) dies. After death, the person with legal authority to handle assets is usually the…
How can I challenge questionable transactions the executor listed on the estate inventory if I’m a beneficiary? – North Carolina Short Answer In North Carolina, a beneficiary can raise concerns about questionable transactions shown on an executor’s inventory by requesting supporting documentation, asking the Clerk of Superior Court (Estates) to require a clearer or corrected…
Do we have to redo or amend prior estate documents if the wrong court form was used? – North Carolina Short Answer Not always. In North Carolina, if an estate filing used the wrong form but the information is still accurate and the Clerk of Superior Court can treat it as the correct filing, the…
How can I find out what bank accounts or other assets my parent had? – North Carolina Short Answer In North Carolina, the most reliable way to identify a deceased parent’s bank accounts and other assets is to have a personal representative appointed by the Clerk of Superior Court and use the court-issued letters to…
If someone was mistakenly listed as a beneficiary and later became legally disqualified, what do we need to file to correct the probate record? – North Carolina Short Answer In North Carolina, correcting a probate record usually means filing a written request with the Clerk of Superior Court to amend or supplement the estate file…
If minor beneficiaries inherit part of a house, who can sign on their behalf and are they responsible for carrying costs? – North Carolina Short Answer In North Carolina, minor beneficiaries generally cannot sign deeds, closing documents, or other binding real-estate paperwork themselves. A court-appointed fiduciary (typically a guardian of the estate, and sometimes a…
