If my sibling misused a power of attorney before death, can the estate recover assets, and what kind of attorney handles that? – North Carolina Short Answer Yes. In North Carolina, if a power of attorney agent used the principal’s money for the agent’s own benefit (or otherwise failed to act in the principal’s best…
Can I stay in the home and keep paying during probate if the house was only in my parent’s name and there are multiple mortgages? – North Carolina Short Answer Often, an adult child who has been living in a parent’s North Carolina home can remain there during probate and keep making the mortgage payments,…
Can an estate administrator require that POD funds be turned over to the estate or used to satisfy will distributions? – North Carolina Short Answer Usually, no. In North Carolina, payable-on-death (POD) account funds and life insurance proceeds that name a beneficiary generally pass directly to the named beneficiary and are not controlled by the…
What remedies are available if an executor is mismanaging or selling estate property? – North Carolina Short Answer In North Carolina, remedies for an executor’s mismanagement or improper sales usually start in the Clerk of Superior Court (the estate’s supervising court). Common remedies include forcing the executor to file an inventory or accounting, compelling production…
How does obtaining a certificate of trust help in enforcing trust administration with third parties? – North Carolina Short Answer In North Carolina, a certificate of trust (also called a certification of trust) is a short document that proves the trust exists and identifies the currently acting trustee and the trustee’s powers—without handing over the…
What can I do if my sibling tries to collect estate benefits before I’m appointed personal representative? – North Carolina Short Answer In North Carolina, a sibling generally cannot collect or control an intestate parent’s estate benefits or legal claims on behalf of the estate unless that sibling has been appointed by the Clerk of…
What happens if an executor hasn’t been formally appointed by the probate court? – North Carolina Short Answer In North Carolina, a person is not the estate’s legal “executor” (personal representative) until the Clerk of Superior Court appoints that person and issues court letters (usually “letters testamentary”). Until then, the person generally has no authority…
Can I access records to see who holds power of attorney for a person in a care facility? – North Carolina Short Answer Usually not. In North Carolina, a care facility generally cannot disclose who holds a resident’s power of attorney (POA) unless the resident (the “principal”) authorizes that disclosure, or a court order requires…
Can I recover legal fees from the estate or asset when challenging a beneficiary designation? – North Carolina Short Answer Sometimes, but not automatically. In North Carolina, attorney’s fees are usually not shifted unless a statute (or a court order in a qualifying estate/trust proceeding) allows it. Fee recovery is more likely when a personal…
How do I document the joint bank account with right of survivorship and decide if it should stay open during probate? – North Carolina Short Answer In North Carolina, a true joint bank account with right of survivorship usually passes to the surviving joint owner outside probate, but the personal representative may still need the…
