How can I find the original will if family members aren’t sure where to look? – North Carolina Short Answer In North Carolina, the search for an original will usually starts with a practical “paper trail” search (home papers, safe deposit box, and the lawyer who drafted it) and a check with the Clerk of…
How can I sell inherited property if a sibling and I both have an interest in it? – North Carolina Short Answer In North Carolina, inherited real estate often ends up owned by multiple family members as “tenants in common,” which means each owner must usually agree to a voluntary sale. If one co-owner will…
What are my options if a relative is pressuring me to sell the home but my other parent is still living there and needs care? – North Carolina Short Answer In North Carolina, a relative usually cannot force the sale of a home that is still owned by a living parent who is mentally capable,…
Can I sue a parent or guardian for spending my inheritance before I turned into an adult? – North Carolina Short Answer Yes, sometimes. In North Carolina, whether a lawsuit is possible usually depends on how the inheritance was held (for example, by a court-appointed guardian of the estate, by the Clerk of Superior Court,…
Can I live in, rent out, or sell the inherited house that was placed into a trust before the estate is closed, and how are the proceeds paid to me? – North Carolina Short Answer Often, yes—if the house is owned by the trust (not the probate estate), the trustee can usually manage it (live…
What happens if probate has been left open for a long time and then another heir starts contesting things? – North Carolina Short Answer In North Carolina, a late contest can still disrupt an estate that has been “open” for a long time, but what happens depends on what is being contested (the will’s validity…
When does selling the property require court approval because debts are larger than the estate’s assets? – North Carolina Short Answer In North Carolina, selling a decedent’s real property to raise money to pay estate debts usually requires court involvement unless the will clearly gives the personal representative power to sell. When the estate is…
How do I properly file a creditor claim for unpaid ambulance or EMS charges in a deceased person’s probate case? – North Carolina Short Answer In North Carolina, an unpaid ambulance/EMS bill is usually handled as a creditor claim against the estate. A proper claim must be in writing and must state the amount owed,…
What can I do if the probate clerk rejects my accounting form and won’t assist me? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court must review (audit) annual and final estate accountings, but clerk staff usually cannot give legal advice or “fix” an accounting that does not balance. If an…
What happens to a secured loan on equipment after the owner dies, especially if the equipment was transferred to me before death? – North Carolina Short Answer In North Carolina, a secured loan generally stays attached to the equipment even after the owner dies or even if the equipment was transferred to someone else before…
