How do I use proceeds from the sale of estate property to pay off a creditor’s claim? – North Carolina Short Answer In North Carolina, a personal representative may use sale proceeds to pay valid estate debts, but only after securing authority to sell, completing a proper sale, and applying the proceeds in the statutory…
What steps can I take to challenge my sibling being named executor if they try to disinherit me? – North Carolina Short Answer In North Carolina, you can challenge your sibling’s appointment by filing a verified petition with the Clerk of Superior Court to deny or revoke their letters and, if a will is involved,…
Can I contest a will that gives a portion of my parent’s estate to my sibling’s spouse against my interests? – North Carolina Short Answer Yes. In North Carolina, a child or other person with a direct financial stake can challenge a will by filing a “caveat” in the Clerk of Superior Court. You generally…
How do I protect the inheritance my parents intended for me as a child with a disability? – North Carolina Short Answer In North Carolina, you protect an intended inheritance by promptly opening the estate, freezing and accounting for suspect transactions, and using the correct forum to recover assets. The Clerk of Superior Court can…
How can I recover money that my sibling withdrew from my parent’s accounts under a power of attorney? – North Carolina Short Answer In North Carolina, you typically recover misused funds by having the deceased parent’s personal representative demand an accounting from the former power of attorney, examine where the money went, and seek return…
What are the steps and timeline for opening an estate after a car accident? – North Carolina Short Answer In North Carolina, a family member or other eligible person applies with the Clerk of Superior Court to be appointed as the personal representative and receive “Letters” authorizing action. If the only purpose is a wrongful…
Can I sell estate property “as-is” without handling all remaining items individually? – North Carolina Short Answer Yes. In North Carolina, a court can authorize an estate administrator to sell real estate “as‑is,” and the administrator may sell, donate, or dispose of remaining personal items without separate court orders, as long as they keep records…
How can I file a creditor claim against a stepmother’s estate? – North Carolina Short Answer In North Carolina, you present a creditor claim by sending a written claim that states the amount owed, the basis of the debt, and your name and address to the personal representative (administrator/executor) or by delivering it to the…
How do I request an accounting for personal items sold from the estate online? – North Carolina Short Answer In North Carolina, an heir can ask the Clerk of Superior Court to order the estate administrator to file a full and satisfactory account, including receipts for personal items sold (even if sold online). The clerk…
Can I require the administrator to sell the RV through a neutral realtor to ensure fair market value? – North Carolina Short Answer Under North Carolina law, you generally cannot force an administrator to use a particular sales method or a neutral broker for estate personal property like an RV. A personal representative may sell…
