Category Archives: Probate Q&A Series

How do I report or address suspected financial misconduct by a relative involving the decedent’s money during probate? nc

How do I report or address suspected financial misconduct by a relative involving the decedent’s money during probate? – North Carolina Short Answer In North Carolina probate, suspected financial misconduct involving a decedent’s money is usually addressed first through the estate administration process: gathering records, documenting the suspected transfers, and using the Clerk of Superior…

How do I start probate for a relative who died without a will when the children live in different states? nc

How do I start probate for a relative who died without a will when the children live in different states? – North Carolina Short Answer In North Carolina, an intestate (no-will) estate is usually started by applying to the Clerk of Superior Court in the county where the person lived at death for “Letters of…

Can I be appointed to manage the estate if my parent didn’t have a surviving spouse and I’m the only heir? nc

Can I be appointed to manage the estate if my parent didn’t have a surviving spouse and I’m the only heir? – North Carolina Short Answer Yes, in North Carolina an only child is typically the first-choice person to be appointed as the estate’s administrator when a parent dies without a will and without a…

What happens if the annual accounting is filed late, and can the court still accept it? nc

What happens if the annual accounting is filed late, and can the court still accept it? – North Carolina Short Answer In North Carolina, a late annual account in an estate case can still be filed and accepted, but the Clerk of Superior Court can also take enforcement steps to force compliance. If an annual…

How do I switch attorneys during an estate matter if I’m unhappy with my current representation? nc

How do I switch attorneys during an estate matter if I’m unhappy with my current representation? – North Carolina Short Answer In North Carolina, a client generally can change attorneys in an estate matter by hiring new counsel and ending the relationship with the current lawyer in writing. If a formal estate proceeding is pending…

What happens if I think the executor is mishandling estate assets? nc

What happens if I think the executor is mishandling estate assets? – North Carolina Short Answer In North Carolina, an executor (also called a personal representative) must gather estate assets, pay valid debts, and distribute what remains to the beneficiaries. If there are signs the executor is mishandling assets, a beneficiary can ask the Clerk…

What can I legally do with estate property left on my land if the executor won’t pick it up? nc

What can I legally do with estate property left on my land if the executor won’t pick it up? – North Carolina Short Answer In North Carolina, estate property generally remains under the executor’s (personal representative’s) responsibility to gather, safeguard, and distribute. A beneficiary who is storing estate items on private land usually should not…

Can I force the executor to remove the deceased person’s belongings from my property, and who is responsible for the cost and logistics? nc

Can I force the executor to remove the deceased person’s belongings from my property, and who is responsible for the cost and logistics? – North Carolina Short Answer In North Carolina, the executor (personal representative) is generally responsible for collecting, safeguarding, and ultimately distributing the decedent’s personal property, which usually includes arranging to pick up…

What happens to a power of attorney after someone dies, and does it help me handle the estate? nc

What happens to a power of attorney after someone dies, and does it help me handle the estate? – North Carolina Short Answer In North Carolina, a power of attorney generally stops working when the person who signed it (the “principal”) dies. After death, the person with legal authority to handle assets is usually the…

How can I challenge questionable transactions the executor listed on the estate inventory if I’m a beneficiary? nc

How can I challenge questionable transactions the executor listed on the estate inventory if I’m a beneficiary? – North Carolina Short Answer In North Carolina, a beneficiary can raise concerns about questionable transactions shown on an executor’s inventory by requesting supporting documentation, asking the Clerk of Superior Court (Estates) to require a clearer or corrected…