As an alternate executor, how do I step in if my parent becomes incapacitated or unfit to serve?: As an alternate executor, how do I step in if my parent becomes incapacitated or unfit to serve?

As an alternate executor, how do I step in if my parent becomes incapacitated or unfit to serve? – North Carolina Short Answer In North Carolina, an alternate executor named in a probated will may take over only if there is a vacancy or the Clerk of Superior Court removes or disqualifies the primary executor.…

Can I sue a relative for breaching their fiduciary duty in exploiting my parent’s estate plan?: North Carolina

Can I sue a relative for breaching their fiduciary duty in exploiting my parent’s estate plan? – North Carolina Short Answer Yes, but who sues and where depends on the role the relative played. In North Carolina, a personal representative, trustee, or power-of-attorney agent owes fiduciary duties. Claims for money damages go to Superior Court.…

How can I resolve uncertainty about ownership shares created by an unclear vesting deed on estate property?: North Carolina

How can I resolve uncertainty about ownership shares created by an unclear vesting deed on estate property? – North Carolina Short Answer In North Carolina, title to a decedent’s real property vests in the heirs or devisees at death, but an unclear vesting deed can leave shares uncertain. A personal representative can ask the Clerk…

What effect do pending criminal forgery charges have on the estate administration process?: North Carolina

What effect do pending criminal forgery charges have on the estate administration process? – North Carolina Short Answer In North Carolina, pending criminal forgery charges do not automatically pause or control a probate case. The Clerk of Superior Court can proceed with hearings and may remove or replace a personal representative if letters were obtained…