Can a second cousin serve as the personal representative if the closest heirs are cousins who live out of state and aren’t involved? – North Carolina Short Answer Sometimes. In North Carolina, the Clerk of Superior Court usually must appoint an eligible person with higher priority first (such as an heir, including a closer cousin),…
Does a power of attorney or an old will still control anything after death, especially if the person divorced the named spouse? – North Carolina Short Answer In North Carolina, a power of attorney generally stops working at death, so it does not give anyone authority to access an apartment, sell a car, or move…
I was removed as executor over a filing mistake; can I be reinstated or have a neutral administrator continue while we litigate the will? – North Carolina Short Answer In North Carolina, removal as executor usually means the clerk of superior court revoked the “letters” that gave authority to act for the estate. If the…
Can the estate sell the house before the foreclosure is finalized, and do I need court approval to do that? – North Carolina Short Answer In North Carolina, an estate can often sell a house even after foreclosure has started, but the sale must pay off the mortgage (or otherwise resolve it) before a clean…
Who should the refund be made payable to and where should it be mailed if there is a court‑appointed administrator? – North Carolina Short Answer In North Carolina, when a court has appointed an administrator (a type of “personal representative”), a refund that belongs to the deceased person should generally be reissued payable to the…
What options do I have if the funeral home won’t proceed without clear authorization from me? – North Carolina Short Answer In North Carolina, the surviving spouse is usually first in line to control disposition decisions (including cremation) unless the decedent left a valid written authorization that names someone else. If a funeral home or…
How do two heirs equally divide a mobile home and cash assets when closing an estate? – North Carolina Short Answer In North Carolina, two heirs can usually divide cash equally through the estate’s final accounting and distribution receipts filed with the Clerk of Superior Court. A “paper” split of a mobile home only works…
How can I transfer the house and vehicles into my name after someone dies without a will? – North Carolina Short Answer In North Carolina, a person usually cannot transfer a deceased person’s house and vehicles into a niece’s name just because the family agrees, especially when the person died without a will. Vehicles may…
Can I force my co-executor sibling to hand over the car title and keys? – North Carolina Short Answer Yes—under North Carolina probate practice, a co-executor (co-personal representative) generally must cooperate in safeguarding and transferring estate property, including turning over a vehicle’s title and keys when needed to administer or distribute the asset. If a…
What steps can I take to remove a family member living in estate property without paying bills? – North Carolina Short Answer In North Carolina, a family member living in a deceased person’s house usually cannot be removed by changing locks or shutting off utilities. The usual first step is to have a court-appointed personal…
