How can I force the executor to file the will and open probate? – North Carolina Short Answer Under North Carolina law, the person holding the original will has a legal duty to deliver it for probate, and any interested person may start an estate if the named executor refuses or delays. If the spouse…
What can I do if I believe the executor lacks capacity or is being influenced, and can I challenge a spousal allowance? – North Carolina Short Answer Under North Carolina law, an interested person may ask the clerk of superior court to remove or refuse to appoint an executor who lacks capacity or is not…
When can I reimburse myself from the estate account for funeral expenses, and do I need to wait until the creditor notice period ends? – North Carolina Short Answer Under North Carolina probate law, reasonable funeral expenses are a high-priority estate claim, and an executor who advanced those costs can usually reimburse personal funds from…
How do I recover unclaimed funds and handle it if the check was sent to a relative, and can that help show ownership of other assets? – North Carolina Short Answer In North Carolina, a duly appointed personal representative can generally recover unclaimed funds belonging to a decedent or the estate by filing a claim…
What documents will a court accept to link my grandparent’s prior business to properties and income acquired later? – North Carolina Short Answer In North Carolina probate cases, a court or the clerk of superior court generally looks for a paper trail that connects the grandparent’s old business interest to later-acquired property or income. Typical…
Can I junk vehicles left to an heir, and how should the cash be recorded and distributed? – North Carolina Short Answer Under North Carolina probate law, a personal representative may sell or junk a vehicle that was specifically left to an heir if that heir agrees or if doing so is reasonably necessary for…
How should small items like a coin book or old firearm be valued and listed in the estate accounting? – North Carolina Short Answer Under North Carolina probate law, small tangible items must still be listed at their fair market value as of the date of death, but they do not always need to be…
Can the estate make a joint account co-owner return money to cover creditor claims, or is that their property now? – North Carolina Short Answer Under North Carolina law, a surviving joint account co-owner generally owns the account at death, but that ownership is not absolute. If the estate does not have enough probate assets…
How does a joint bank account with rights of survivorship affect what is part of the estate when there are unpaid debts? – North Carolina Short Answer In North Carolina, money in a true joint bank account with rights of survivorship usually passes directly to the surviving co-owner and is not a normal probate asset.…
Do we need to record a death certificate or an affidavit before closing so the deed can be conveyed without issues? – North Carolina Short Answer Under North Carolina law, when spouses hold title to real estate as tenants by the entirety and one spouse dies, full ownership passes automatically to the surviving spouse by…
