Category Archives: Probate Q&A Series

What documentation should beneficiaries be entitled to review when a co-executor or trustee asks to be reimbursed for estate or trust expenses? – NC

What documentation should beneficiaries be entitled to review when a co-executor or trustee asks to be reimbursed for estate or trust expenses? – NC Short Answer In North Carolina, beneficiaries are generally entitled to enough documentation to test whether a requested reimbursement was proper, related to administration, and actually paid. That usually means an itemized…

Why would an estate file an annual accounting instead of a final accounting when the probate case is almost closed? NC

Why would an estate file an annual accounting instead of a final accounting when the probate case is almost closed? – NC Short Answer In North Carolina, an estate files an annual accounting when the estate is still open and the personal representative still holds estate property, even if the case seems close to finished.…

How do I know whether signing an estate accounting affects what is left to distribute to beneficiaries? NC

How do I know whether signing an estate accounting affects what is left to distribute to beneficiaries? – NC Short Answer In North Carolina, signing an annual estate accounting usually does not itself change what is left to distribute. An annual accounting mainly reports what the personal representative received, paid out, and still holds, and…

What happens if I sign probate paperwork approving a payment that was already made from the estate account? – NC

What happens if I sign probate paperwork approving a payment that was already made from the estate account? – NC Short Answer In North Carolina, signing probate paperwork can matter a great deal if the document approves an annual or final accounting that lists a payment already made from the estate account. A signed approval…

What happens to a house after a parent dies if it was deeded to a friend shortly before death? NC

What happens to a house after a parent dies if it was deeded to a friend shortly before death? – NC Short Answer In North Carolina, a house that was validly transferred by deed before death usually does not pass through the parent’s probate estate. But if the deed was signed because of undue influence,…

How do I dispute a property transfer that I believe wrongfully removed a house from my parent’s estate? NC

How do I dispute a property transfer that I believe wrongfully removed a house from my parent’s estate? – NC Short Answer In North Carolina, a house transferred by quitclaim deed before death usually does not pass through the estate unless the deed can be set aside. If relatives believe the deed resulted from undue…

What do I need to prove that there was undue influence before my parent transferred the house? NC

What do I need to prove that there was undue influence before my parent transferred the house? – NC Short Answer In North Carolina, proving undue influence in a house transfer usually means showing more than suspicion or family disagreement. The evidence must support that the parent was vulnerable, the other person had a chance…

Can I challenge a quitclaim deed if I believe my parent was pressured into signing the house over to someone? – NC

Can I challenge a quitclaim deed if I believe my parent was pressured into signing the house over to someone? – NC Short Answer Yes. In North Carolina, a quitclaim deed can be challenged after a parent’s death if the deed was procured by undue influence, duress, fraud, or lack of capacity. The usual path…

Do I need probate if my ex-spouse died without a valid will and only had a few assets? – NC

Do I need probate if my ex-spouse died without a valid will and only had a few assets? – NC Short Answer Usually, some probate-related court process is still needed in North Carolina when a person dies owning assets in only that person’s name, even if the estate is small and there is no valid…

Can I still make decisions for my ex-spouse after death if I had power of attorney? – NC

Can I still make decisions for my ex-spouse after death if I had power of attorney? – NC Short Answer No. In North Carolina, a power of attorney does not let a former spouse keep making decisions after the principal dies. Any guardianship authority also ends at death, and control over the deceased person’s property…