Can I contest a will if the signer didn’t understand it, and what proof would I need? – North Carolina Short Answer Under North Carolina law, a will can be contested if the person who signed it did not have “testamentary capacity” — meaning they did not understand what they were signing, their property, or…
How do I properly document funeral costs so they are reimbursable from the estate and clear to heirs and creditors? – North Carolina Short Answer In North Carolina, funeral and burial costs can be reimbursed from the estate if they are reasonable, within statutory limits, and well documented. The personal representative should keep the original…
How can I obtain a paid-in-full funeral receipt to include in the estate accounting? – North Carolina Short Answer In North Carolina probate, the personal representative should obtain a written, itemized statement from the funeral home that clearly shows the total charges and that the balance is paid in full. That statement, along with proof…
What should I do if the dealership provided only copies and I can’t locate the original title? – North Carolina Short Answer Under North Carolina law, a missing original motor vehicle title can usually be handled by requesting a duplicate title through the Division of Motor Vehicles (DMV). In a probate setting after a death,…
What should I do about post‑death benefit overpayments that hit the account—leave the funds for reversal or withdraw them and repay if asked? – North Carolina Short Answer Under North Carolina law, benefit payments that arrive after death generally still belong to the payer, not to the heir or executor, if they cover a period…
How do I open probate for a relative who died without a will so I can transfer or sell the house in their name? – North Carolina Short Answer In North Carolina, when someone dies without a will and owns a house in their sole name, the heirs generally inherit the property immediately, but a…
Can we list or sell the home before probate is finished, or do we need court authority first? – North Carolina Short Answer In North Carolina, real estate normally does not pass through probate the same way bank accounts do, but a sale still must respect the probate process and the personal representative’s powers. In…
Is there any way to recover property lost to a tax foreclosure years ago, or claim any surplus proceeds from that sale? – North Carolina Short Answer Under North Carolina law, once a tax foreclosure sale is properly completed and the deed is delivered to the buyer, there is usually no way to get the…
Are copies of the marriage and death certificates enough for the motor vehicle office and the court, or do they need originals? – North Carolina Short Answer Under North Carolina law, courts and the Division of Motor Vehicles generally require certified copies of vital records, not plain photocopies. For estate matters, the clerk of superior…
What happens in probate when a will names one beneficiary but no backup and that person isn’t alive? – North Carolina Short Answer Under North Carolina law, if a will names a single beneficiary who dies before the person who made the will, the gift may either pass to that beneficiary’s descendants, to any residuary…
