How can I open probate without the death certificate from another state yet? – North Carolina Short Answer In North Carolina, you can start probate without a certified death certificate. The Clerk of Superior Court may accept other proof of death—such as an obituary, funeral home verification, medical records, or the sworn statements in your…
Can I terminate the sales agreement and avoid reimbursing the buyer’s due diligence costs? – North Carolina Short Answer Usually, no—you can’t simply cancel and avoid the buyer’s costs unless your contract gives you a clear right to terminate without penalty. In North Carolina, the contract controls who pays for due diligence expenses. Because the…
What happens if I proceed with probate and the buyer still enforces the sale contract? – North Carolina Short Answer In North Carolina, a buyer generally cannot force a sale of estate real estate based on a contract signed by someone who lacked title or estate authority. When a property owner dies, title to non-survivorship…
What happens if a sibling’s status is unclear and there’s no will to guide asset distribution? – North Carolina Short Answer In North Carolina, when someone dies without a will, assets pass by intestate succession. If a person’s status as a child or sibling is unclear, the Clerk of Superior Court can decide heirship in…
How do I transfer bank accounts and vehicle titles that had no beneficiary designations? – North Carolina Short Answer In North Carolina, bank accounts and vehicles without a beneficiary or survivorship feature are probate assets. You can transfer them by either (1) using a small-estate Affidavit for Collection of Personal Property if the estate qualifies,…
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…
