Can I become sole administrator if the other heir ignores the court notice? – North Carolina Short Answer Often, yes. Under North Carolina law, if a co-equal heir is properly served with the required 15-day notice of your application and does not respond, the Clerk of Superior Court can treat that silence as a renunciation…
How can I find out if settlement funds from my spouse’s predeath claim are governed by the will or wrongful death statutes? – North Carolina Short Answer In North Carolina, settlement money tied to a wrongful death claim is not part of the probate estate and is distributed to statutory heirs under the intestacy rules,…
Am I required to distribute wrongful death proceeds according to intestate succession even though there is a will? – North Carolina Short Answer Yes. In North Carolina, wrongful death proceeds are not estate assets and do not pass under the will. After paying limited, statutorily allowed expenses and liens, the balance must be distributed to…
What documentation does a bank require to verify a decedent’s identity and balance? – North Carolina Short Answer In North Carolina, banks typically need a certified death certificate and proof of your legal authority over the estate before they will discuss a decedent’s accounts or provide balances. That proof is usually Letters Testamentary or Letters…
How can I force disclosure of a trust document my sister is hiding in a safe deposit box? – North Carolina Short Answer In North Carolina, a qualified trust beneficiary can demand a copy of the trust from the trustee. If the trustee refuses, you can file a trust proceeding with the Clerk of Superior…
What steps should I take if there isn’t enough in the estate to cover the remaining credit card debt? – North Carolina Short Answer In North Carolina, a personal representative must pay estate debts in a strict statutory order. General unsecured credit card debt is in the last class and, if funds are short, it…
What are my options for making voluntary payments on a deceased individual’s credit card debt? – North Carolina Short Answer In North Carolina, credit card debt is a general unsecured claim paid only after higher‑priority expenses and usually after the creditor claims window closes. Do not make “voluntary” payments before the claim period ends unless…
Can I require the bank to provide a letter confirming payment on a deceased’s credit card account? – North Carolina Short Answer Under North Carolina law, you cannot force a bank to issue a custom letter on demand. But as the estate representative, you control when and how unsecured claims are paid. You may condition…
How do I prove undue influence or elder abuse in my mother’s signing of estate documents? – North Carolina Short Answer In North Carolina, you challenge a will for undue influence by filing a will caveat; the Clerk of Superior Court transfers it to Superior Court for a jury trial. If an agent misused a…
Can I recover real property and investments sold by my sister under a possibly forged power of attorney? – North Carolina Short Answer Yes, North Carolina law provides tools to recover estate property that was taken or sold under an invalid or misused power of attorney. You can open your mother’s estate and use an…
