What steps can I take to protect my parent’s assets if they are being pressured by a relative? – North Carolina Short Answer In North Carolina, you can act fast on two tracks: help a competent parent work with independent counsel to revoke risky powers of attorney, update decision-makers, and lock in a plan; or,…
What legal effect does signing a renunciation form have on an heir’s right to inherit? – North Carolina Short Answer In North Carolina, a valid renunciation (also called a disclaimer) of an inheritance causes the property you give up to pass as if you died before the person who left it to you. To be…
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 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 challenge gifts my parent made under suspected undue influence by a family member? – North Carolina Short Answer In North Carolina, you typically challenge suspect lifetime gifts through a civil case seeking to unwind the transfers (for example, breach of fiduciary duty, constructive fraud, constructive trust), and you challenge will or plan…
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 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…
How do I handle uncashed or voided checks so the estate can recover those funds? – North Carolina Short Answer In North Carolina, a personal representative should place a stop payment on any outstanding estate check that will not be cashed, void it in the ledger, and deposit any returned or refunded money back into…
How can I challenge a forged renunciation and remove my sibling as estate administrator? – North Carolina Short Answer In North Carolina, you challenge a forged renunciation and seek removal by filing a verified petition with the Clerk of Superior Court to revoke your sibling’s letters of administration. The clerk can revoke letters if they…
What steps do I need to take to become administrator after renouncing my rights? – North Carolina Short Answer In North Carolina, you cannot simply change your mind after a valid renunciation once the Clerk has issued letters to someone else. To take over, you file a verified petition asking the Clerk of Superior Court…
