What happens if the inheritance money is already spent—are there ways to recover it anyway? – North Carolina Short Answer Possibly. In North Carolina, even if inherited money is gone, recovery can still be possible depending on where the money came from (estate, trust, or custodial account), who controlled it (guardian, personal representative, custodian), and…
Do all heirs have to sign anything else to nominate me, and how do I give proper notice once the case is opened? – North Carolina Short Answer No. In North Carolina, not every heir must sign paperwork to “nominate” an administrator, but the Clerk of Superior Court often needs either (1) written renunciations/waivers from…
What can I do if someone who previously handled the trust’s finances won’t respond or won’t transfer the money they’re supposed to turn over? – North Carolina Short Answer In North Carolina, a trustee can often force cooperation by making a written demand for trust records and property, then filing a trust proceeding with the…
Can I remove a neighbor or caretaker who is asserting improper control over estate property? – North Carolina Short Answer Yes—under North Carolina law, the person appointed as the estate’s personal representative (administrator) can ask the Clerk of Superior Court for orders that secure estate property and, in the right procedure, remove an occupant who…
Can I request a formal accounting if I suspect the executor of mismanaging assets? – North Carolina Short Answer Yes. In North Carolina, an “interested person” (such as an heir or beneficiary) can ask the Clerk of Superior Court (the probate court) to require the executor (personal representative) to file a full and satisfactory accounting…
How do I start probate when my parent had a will but I’m still trying to locate the original document? – North Carolina Short Answer In North Carolina, probate and estate administration start with the Clerk of Superior Court in the county where the parent lived at death. If the original will cannot be found…
What steps have to be completed before listing an inherited property for sale when the owner died without a will? – North Carolina Short Answer In North Carolina, an inherited home can often be listed for sale during an open intestate estate, but the title and probate steps must line up before closing. In most…
What can I do if Google keeps denying my request for a decedent’s digital assets despite letters testamentary? – North Carolina Short Answer In North Carolina, letters testamentary alone may not be enough to make a company disclose a decedent’s Google Photos. North Carolina’s digital-assets law allows a personal representative to demand disclosure, but it…
What steps can I take to retrieve my furniture from the house through the probate process? – North Carolina Short Answer In North Carolina, probate is usually not available to retrieve furniture unless the owner of the house (or the person whose estate would control the property) has died and an estate is open. If…
How do I give a tenant notice to move out when there’s no written lease, and can the estate end the tenancy so the property can be sold? – North Carolina Short Answer In North Carolina, when there is no written lease, the tenancy is usually treated as a periodic tenancy (most often month-to-month), and…
