How do I prove a home is supposed to be mine if it’s titled in my deceased relative’s name but I made the payments under a written agreement? – North Carolina Short Answer In North Carolina, the strongest way to prove the home was supposed to transfer is to show a valid written agreement to…
How can I request or force an estate accounting when I think the administrator isn’t being transparent? – North Carolina Short Answer In North Carolina, an estate administrator (personal representative) generally must file an inventory and then file accountings with the Clerk of Superior Court. If an heir or other “interested party” believes the filings…
If the will has a defect, what are the next steps for handling the estate without a valid will? – North Carolina Short Answer In North Carolina, a missing notary stamp usually does not automatically make a will invalid. A notary is mainly used to make a will “self-proved,” which can make probate easier, but…
What happens if other children of the deceased also didn’t know the probate was opened and weren’t properly notified? – North Carolina Short Answer In North Carolina, if a parent died without a will and one child opened the estate but left out other children, the omitted children can ask the Clerk of Superior Court…
Can the estate administrator sell the decedent’s house without all the heirs agreeing? – North Carolina Short Answer Sometimes, but not simply because the administrator was appointed. In North Carolina, heirs usually receive title to a decedent’s real estate at death, and a sale typically requires either (1) all owners (the heirs/devisees) signing, or (2)…
What happens to my parent’s bank accounts and retirement account while the estate is being opened and administered? – North Carolina Short Answer In North Carolina, a parent’s accounts usually split into two buckets after death: (1) accounts that pass outside probate by contract (like many retirement accounts and some “payable on death” or joint…
How can I remove a trustee and get the court to freeze trust assets while an investigation is pending? – North Carolina Short Answer In North Carolina, removing a trustee and “freezing” trust assets usually requires filing a trust proceeding in Superior Court and asking for emergency relief (a temporary restraining order and/or preliminary injunction)…
When the creditor notice period ends, what kinds of claims can still be brought against the estate (like taxes or known debts)? – North Carolina Short Answer In North Carolina, most ordinary creditor claims are barred if they are not presented by the deadline in the published Notice to Creditors (or, for certain known creditors…
How do I get a bank or credit union to release a deceased person’s account statements for probate? – North Carolina Short Answer In North Carolina, the cleanest way to get a bank or credit union to release a deceased person’s account statements for a probate estate is to have the court-appointed personal representative (executor/administrator)…
What records can I request to show when and how a decedent’s name was removed from an account? – North Carolina Short Answer In North Carolina, the most useful records to request are the account’s ownership documents (signature card/deposit agreement), any change-of-ownership or “remove joint tenant” paperwork, and the institution’s internal account history showing the…
