What happens if a family member claims I pressured my parent into signing a will, especially when my parent had dementia or Alzheimer’s? – North Carolina Short Answer In North Carolina, a family member can challenge a will by filing a “caveat” and arguing the will is invalid because the parent lacked testamentary capacity or…
If a non-spouse partner wants to keep one of the deceased’s vehicles, how is that handled in probate and does it reduce what the heirs receive? – North Carolina Short Answer In North Carolina probate, a non-spouse partner generally does not have an automatic right to keep a deceased person’s vehicle unless the partner already…
What happens to a trust when the person who created it dies? – North Carolina Short Answer In North Carolina, when the person who created a revocable trust dies, the trust typically becomes irrevocable and the successor trustee takes over. The trustee’s job is to gather and manage the trust assets, pay proper expenses and…
How can I transfer the vehicles and access the bank account while making sure the land goes to the relatives who live on it? – North Carolina Short Answer In North Carolina, when someone dies without a will, the land and other property generally pass to the legal heirs set by the intestacy statutes—not to…
Can I object if someone else files to become the executor or administrator of the estate? – North Carolina Short Answer Yes. In North Carolina, objections usually happen in front of the Clerk of Superior Court (the probate judge) and depend on whether there is a will and who has legal priority to serve. If…
How long do I have to take legal action to recover my share after the estate property was sold? – North Carolina Short Answer In North Carolina, the time limit depends on what legal claim fits the situation and, in some cases, when the executor’s final account is filed or when the estate is closed.…
What happens if someone used a power of attorney before the death to close bank accounts or move money, and now the family can’t get records? – North Carolina Short Answer In North Carolina, a power of attorney (POA) generally allows an agent to act for the person while that person is alive, but it…
Do I need to go to probate to settle an estate, or are there ways to avoid it? – North Carolina Short Answer Not every North Carolina estate requires a full probate administration. Some assets pass automatically outside probate (for example, by beneficiary designation or survivorship), and some estates qualify for simplified court procedures through…
What are the consequences if I don’t reformat and resubmit the accounting the way the clerk’s office is requesting? – North Carolina Short Answer In North Carolina probate, if the Clerk of Superior Court determines an estate accounting is incomplete or unsatisfactory, the clerk can require a corrected accounting and set a deadline to file…
Can the clerk require a revised order for commissions before approving the estate accounting? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court can require corrections to an estate accounting and can decline to approve a final (or annual) account if the commission calculation is incorrect or unsupported. Because personal…
