Can long-term tenants claim ownership of a rental house after the owner dies if they were told the house would be left to them? – North Carolina Short Answer Usually, no. In North Carolina, a tenant does not become the owner of a rental house just because the tenant lived there for many years and…
How do I challenge family members who took money from my parent before they died? – North Carolina Short Answer In North Carolina, challenging money taken from a parent before death usually means bringing a claim to pull those assets back into the estate (or to recover them for the estate) based on theories like…
How can I recover family assets if I believe other relatives are trying to keep me from accessing what I’m entitled to? – North Carolina Short Answer In North Carolina, recovering “family assets” usually turns on who legally owns the asset and who has authority to collect it. If the asset is part of a…
What happens if the estate was opened in the wrong county or the death certificate lists the wrong address? – North Carolina Short Answer In North Carolina, an estate is usually opened with the Clerk of Superior Court in the county where the decedent was domiciled (legal resident) at death. If an estate is opened…
Can we prevent a relative who had power of attorney from being involved in the estate administration if we don’t trust them? – North Carolina Short Answer Yes—under North Carolina law, a former power of attorney agent does not automatically get a role in estate administration after death. The Clerk of Superior Court appoints an…
Who is authorized to request a deceased person’s stock account information during probate? – North Carolina Short Answer In North Carolina probate, the person authorized to request a deceased person’s stock account statements and records is the court-appointed personal representative (the executor named in a will or the administrator appointed in an intestate estate). A…
Can I open an estate just for a limited purpose to transfer real estate and give notice to creditors? – North Carolina Short Answer Yes. North Carolina allows a limited court process that can be used to (1) get the will properly on record so it works in the chain of title and (2) publish…
Do I need to sell the car and mobile home to pay creditors, and how are creditor claims prioritized if the estate doesn’t have enough money? – North Carolina Short Answer In North Carolina, an estate generally must pay valid creditor claims before heirs receive anything. If the estate does not have enough cash, the…
What kind of notice do I need to give before I ask the court to order someone to produce the will? – North Carolina Short Answer In North Carolina, a request to force someone to produce a decedent’s will is typically started by filing an affidavit with the Clerk of Superior Court (Estates) showing (1)…
Do I need to notify the IRS when the estate’s administrator changes during probate? – North Carolina Short Answer Yes—when a North Carolina probate estate already has an EIN and the court-appointed administrator (personal representative) changes, the IRS should be notified so IRS records show the correct fiduciary/responsible party for the estate. In most cases,…
