Is there a deadline to contest transactions or beneficiary changes that happened while my parent was ill or isolated? – North Carolina Short Answer Yes. In North Carolina, the deadline depends on what is being challenged (a will, a trust, a deed or bank transaction done under a power of attorney, or a beneficiary designation).…
What happens to retirement plans if one lists me as beneficiary but another might not have a beneficiary, and how does that affect probate versus non-probate assets? – North Carolina Short Answer In North Carolina, a retirement plan (like a 401(k) or IRA) usually passes outside probate if it has a valid beneficiary designation, and…
How can I challenge my sister’s role as executor if she’s mishandling the estate? – North Carolina Short Answer In North Carolina, concerns about an executor “mishandling” an estate are usually addressed by asking the Clerk of Superior Court (the probate court) to require an accounting, impose restrictions, or revoke the executor’s letters and appoint…
What happens if I don’t know whether my mother’s bank accounts have transfer-on-death beneficiaries? – North Carolina Short Answer In North Carolina, not knowing whether a bank account has a payable-on-death (POD) or survivorship designation does not stop probate from being opened. The account may pass outside probate if it was properly set up as…
How do I document the sale of an estate vehicle and the title transfer for the other vehicle? – North Carolina Short Answer In North Carolina, a personal representative usually documents an estate vehicle sale by signing over the original North Carolina title as the seller (as personal representative) and keeping a clear paper trail…
What evidence do I need to prove a co-heir didn’t pay for a borrowed estate vehicle? – North Carolina Short Answer In North Carolina, proof that a co-heir did not pay for a borrowed estate vehicle usually comes from basic paper-and-trail evidence: the estate’s ownership records, the agreement to pay (even if informal), and records…
What can I do if the bank refuses or delays providing the transaction history I need for estate administration? – North Carolina Short Answer In North Carolina, an executor (personal representative) can often resolve bank delays by making a targeted written request and providing certified Letters Testamentary (or Letters of Administration) and a certified death…
Can heirs keep the due diligence money to help secure new housing before closing, or must it be held until the creditor claim period ends? – North Carolina Short Answer In North Carolina, due diligence money received in a home sale connected to an estate is generally treated as an estate asset that should stay…
How can I get appointed executor and open the estate so I can access my parent’s assets? – North Carolina Short Answer In North Carolina, a person named as executor generally must file the will with the Clerk of Superior Court in the county where the parent lived, qualify as the personal representative, and receive…
Can I dispute my family member’s claim for cremation costs if I already paid for the funeral? – North Carolina Short Answer Yes. In North Carolina, a personal representative (executor/administrator) can require documentation for any claim against an estate and can reject a claim that is not valid, not timely, or not supported. Paying some…
