How can I obtain a copy of the trust and will if the executor is refusing to share it? – North Carolina Short Answer In North Carolina, you can force the will’s custodian to produce it by filing an affidavit with the Clerk of Superior Court; once the will is probated, it is a public…
How do I contest trust amendments made while my sibling was seriously ill? – North Carolina Short Answer In North Carolina, you can challenge trust amendments and a will if they were made when the signer lacked capacity or was subjected to undue influence. Start by getting the will from the Clerk of Superior Court…
Can I remove the executor/trustee for breach of fiduciary duty or undue influence? – North Carolina Short Answer Yes. In North Carolina, a beneficiary or other interested person can ask the Clerk of Superior Court to remove an executor who mismanages an estate and can seek removal of a trustee for a serious breach of…
What can I do to challenge the trustee’s removal of me and my siblings as beneficiaries? – North Carolina Short Answer In North Carolina, a trustee cannot simply erase beneficiaries unless the trust allows it and any amendment was validly made. You can: (1) demand copies of the will and trust; (2) file a trust…
What liability do I face for paying the decedent’s debts as power of attorney? – North Carolina Short Answer In North Carolina, a power of attorney ends at death, so you are not personally liable for the estate’s debts and you had no duty as “POA” to open probate. If you paid the decedent’s bills…
How do I enforce the decedent’s final wishes when the family members refuse to honor the will? – North Carolina Short Answer In North Carolina, you enforce a will by filing the original will for probate with the Clerk of Superior Court in the county where the decedent lived. If the named executor will not…
Can I renounce serving as executor and have someone else file the will? – North Carolina Short Answer Yes. In North Carolina, a person named as executor may decline the role by filing a written renunciation with the Clerk of Superior Court. If the named executor does not move forward, a devisee or any other…
What happens if I never file the will—could I be held responsible for unpaid estate bills? – North Carolina Short Answer In North Carolina, the person holding the original will should deliver it to the Clerk of Superior Court; the clerk can order its production if needed. Not filing the will does not automatically make…
What steps can I take to protect my relative’s funds and assets from being misused by a facility employee? – North Carolina Short Answer In North Carolina, only a court‑authorized person may control a decedent’s assets. Move quickly to the Clerk of Superior Court (Estates Division) in the county where your aunt lived to get…
Should I submit the notarized will for probate in North Carolina now that the decedent has passed? Short Answer Yes—file the original will with the Clerk of Superior Court in the county where the decedent lived. In North Carolina, a will must meet specific execution rules (usually two witnesses) to be admitted to probate; notarization…
