How do I open probate for my stepfather’s estate and determine what assets belong to me? – North Carolina Short Answer In North Carolina, you open probate with the Clerk of Superior Court in the county where each decedent lived, using the state forms to request “letters” that give you legal authority. A handwritten will…
What steps do I need to confirm and secure ownership of the house my mom and stepfather held together? – North Carolina Short Answer In North Carolina, the deed controls. If your mom and stepfather held the home as spouses with a built-in right of survivorship (tenancy by the entirety), your stepfather became the sole…
Can I challenge my son’s attempt to remove me from the family home after both parents died? – North Carolina Short Answer Yes. In North Carolina, your right to stay depends on how title passed after each death and whether you (or another personal representative) have been appointed by the Clerk of Superior Court. You…
What happens if neither parent’s estate has been administered—will that affect my rights to inherit? – North Carolina Short Answer In North Carolina, your inheritance does not disappear just because no one opened probate. Title to real estate generally passes at death—to heirs if there’s no will, or to devisees once a will is probated—but…
Can I recover personal property after a co-owner wrongfully removed it from our shared house? – North Carolina Short Answer Yes. In North Carolina, a partition case addresses the real estate, not your personal belongings. To recover personal items a co-owner removed, you typically bring a separate civil claim (often conversion) and, if needed, ask…
Am I responsible for moving an estate RV from my property or can I charge rent for its storage? – North Carolina Short Answer In North Carolina, the personal representative (administrator or executor) is responsible for safeguarding and taking possession of estate personal property, including an RV. You are not required to move the estate’s…
Can an estate administrator force sale of inherited real property without all heirs’ consent in North Carolina? Short Answer In North Carolina, a personal representative (executor/administrator) cannot sell inherited real estate without either (1) authority granted by the will that gives the representative title or a clear power of sale, or (2) an order from…
How do I enforce my right to documentation before any estate distributions or sales? – North Carolina Short Answer In North Carolina, heirs can ask the Clerk of Superior Court to force the personal representative to file the required 90‑day inventory and ongoing accountings before distributions or sales proceed. If the representative refuses, the clerk…
How can I refuse to sign a check for my parent’s estate when I haven’t seen any accounting? – North Carolina Short Answer Yes. In North Carolina, you do not have to sign distribution checks or closing paperwork until the personal representative files the required inventory and accounting with the Clerk of Superior Court. You…
What steps do I need to petition for guardianship over my cousin’s personal and financial affairs? – North Carolina Short Answer In North Carolina, you start by filing a verified petition for adjudication of incompetence and appointment of a guardian with the Clerk of Superior Court in the county where your cousin lives or is…
