What is the difference between a living will and a health care power of attorney? – North Carolina Short Answer In North Carolina, a living will (Advance Directive for a Natural Death) states your end-of-life treatment choices; a health care power of attorney (HCPOA) names a person to make medical decisions for you if you…
What steps do I need to appoint my friend as my agent and my child as a backup agent? – North Carolina Short Answer In North Carolina, you appoint a primary agent and a backup by signing two documents: a durable financial power of attorney and a health care power of attorney. You must follow…
How can I set up a medical power of attorney before my upcoming surgery? – North Carolina Short Answer In North Carolina, you create a Health Care Power of Attorney by signing the state-compliant form in front of two qualified adult witnesses and a notary. Your health care agent’s authority typically begins when your attending…
How do I prove adopted-out children are not heirs under intestacy rules? – North Carolina Short Answer In North Carolina, a child legally adopted by someone else generally does not inherit from a birth parent under intestacy. To exclude adopted-out children as heirs, the administrator should provide reliable proof of each adoption (for example, a…
How do I request bank records to confirm what was in the decedent’s account at death? – North Carolina Short Answer In North Carolina, the court-appointed administrator can request a decedent’s bank records by sending each bank a written request with certified Letters of Administration and the death certificate, asking for the date‑of‑death balance, accrued…
What steps do I take to amend my administrator application to list heirs and include a wrongful death claim? – North Carolina Short Answer File a verified amendment with the Clerk of Superior Court to correct the heirs on your application and note the wrongful death claim in the preliminary inventory section. Then file an…
How can I file a zero-dollar inventory when an estate has no probate assets? – North Carolina Short Answer In North Carolina, you still must file the 90‑day inventory even if there are no probate assets. Use AOC‑E‑505 and list zero for all probate property; do not include wrongful death proceeds because they are not…
How do I locate and use the original will to open a new probate case in North Carolina? Short Answer In North Carolina, you can open probate for an out‑of‑state will in the Clerk of Superior Court for any county where the decedent owned property. If you have the signed original, you may offer it…
What steps do I need to transfer my deceased parent’s property title through probate? – North Carolina Short Answer In North Carolina, you cannot retitle real estate with an unprobated will. You must have the will admitted to probate by the Clerk of Superior Court—either (1) admit the original will in North Carolina, or (2)…
How can I get a decades-old will formally probated in the state where it was filed? – North Carolina Short Answer Under North Carolina law, you have two workable paths. Either (1) have the original state formally probate the will and then file certified copies of that probate in the North Carolina county where the…
