What is an elective share claim and how do I defend against it in probate? – North Carolina Short Answer In North Carolina, an elective share is a surviving spouse’s right to claim a minimum percentage of the decedent’s Total Net Assets, regardless of what the will says. The spouse must file a petition with…
Can an executor demand a physical item I inherited? – North Carolina Short Answer In North Carolina, an executor can seek the return of an item you received only if it still belongs to the estate or must be recovered to pay debts, taxes, allowances, or a spouse’s elective share. If the item was properly…
How do I set up a trust or escrow account to hold sale proceeds for estate distribution? – North Carolina Short Answer Under North Carolina’s small estate (collection by affidavit) process, you generally do not create a new trust or escrow. Instead, the affiant should open a separate, no‑commingling deposit account to hold collected funds,…
How can I close my parent’s bank accounts under a small estate affidavit in North Carolina? – North Carolina Short Answer In North Carolina, you close a decedent’s bank accounts by presenting a certified copy of a filed small estate affidavit (called an Affidavit for Collection) to each bank. The bank must release the funds…
What filing confirms asset distribution and closes a small estate? – North Carolina Short Answer In North Carolina, you close a small estate by filing the Final Affidavit, called the “Affidavit of Collection, Disbursement and Distribution” (AOC‑E‑204), with the Clerk of Superior Court in the county where the decedent lived. This filing reports what you…
How can I challenge a will I believe is forged and prove it’s invalid in probate court? – North Carolina Short Answer In North Carolina, you challenge a suspected forged will by filing a “caveat” (will contest) with the Clerk of Superior Court after the will is admitted to probate. The case is then tried…
What legal options do I have to secure my right to remain in the family home after a parent’s death? – North Carolina Short Answer In North Carolina, if no valid will has been admitted to probate, title to a parent’s home generally vests in the heirs at death, and a co-heir cannot summarily evict…
What is the process for establishing a trust to avoid probate in North Carolina? Short Answer In North Carolina, you avoid probate by creating a revocable living trust and funding it during life. That means signing a valid trust, naming a trustee and beneficiaries, and retitling assets (like your house) into the trust’s name. A…
What are the advantages of a trust versus going through probate for a small estate? – North Carolina Short Answer In North Carolina, a properly funded revocable living trust keeps the assets titled in the trust out of probate, which can reduce court involvement, speed up transfers, and maintain privacy. Small-estate probate shortcuts can work…
How do I use my power of attorney to set up a trust when my mom isn’t comfortable with tech? – North Carolina Short Answer In North Carolina, your power of attorney must clearly give you authority to create and fund a trust for your mom. If the trust will hold her home, the power…
