What happens if a notice to creditors wasn’t filed with the court in North Carolina? Short Answer In North Carolina, the personal representative must publish a notice to creditors, mail notice to known creditors, and file proof of notice with the Clerk of Superior Court. If proper notice wasn’t published or proof wasn’t filed, the…
Can creditors based in another state reach my probate assets in North Carolina? – North Carolina Short Answer Generally, your personal creditors from another state cannot file claims in a North Carolina probate to collect your debts. Only the decedent’s creditors can file estate claims, and they must meet North Carolina’s notice and deadline rules.…
How can I determine the statute of limitations for creditors to file claims in a North Carolina probate estate? – North Carolina Short Answer North Carolina uses a nonclaim statute, not a traditional statute of limitations. Creditors must present claims by the later of: (1) the date listed in the published Notice to Creditors (set…
Does a financial power of attorney allow selling or partitioning my parent’s condo? – North Carolina Short Answer In North Carolina, an agent may sell real estate only if the power of attorney (POA) grants authority over real property. Even then, the agent can convey only the principal’s interest and must honor any life estate…
How can I challenge a co-agent’s actions if I suspect misuse of the power of attorney? – North Carolina Short Answer In North Carolina, a co-agent can file a petition with the Clerk of Superior Court to demand an accounting, clarify or limit a co-agent’s authority, and ask for immediate protective orders. Co-agents usually may…
Can my co-agent move someone into my parent’s home without my consent? – North Carolina Short Answer In North Carolina, co-agents under a financial power of attorney may act independently unless the document says otherwise. A co-agent can arrange occupancy or a lease of the principal’s home only within the authority granted by the power…
What can I do if a family member named as executor won’t provide information about estate accounts? – North Carolina Short Answer In North Carolina, an executor’s duty to share details through a formal inventory and account begins only after the person qualifies and receives Letters from the Clerk of Superior Court. If no probate…
Can I challenge the executor’s authority if they appear to be misusing estate assets before probate? – North Carolina Short Answer Yes. In North Carolina, a person named as “executor” has no legal authority until the Clerk of Superior Court issues Letters Testamentary. If a will has not been filed and assets are at risk,…
How can I enforce my right to life insurance benefits when the policy paperwork is being withheld? – North Carolina Short Answer In North Carolina, a named life insurance beneficiary can claim benefits directly from the insurer with a death certificate and the insurer’s claim form; you do not need the executor’s permission. If someone…
What steps do I take to force filing a will with the probate court in North Carolina? Short Answer In North Carolina, you may file a sworn application with the Clerk of Superior Court to compel anyone in North Carolina who has the original will to produce it. The clerk issues a summons ordering that…
