If my name was added to my parent’s bank account only so I could help pay bills as power of attorney, do I have access to that money now or does it go through probate? – North Carolina Short Answer In North Carolina, being on a parent’s bank account for bill-paying help (including as power…
How do I protect sale proceeds from claims if a sibling or relative tries to take the money? – North Carolina Short Answer In North Carolina, sale proceeds from an estate home should be treated as estate property and kept under the personal representative’s control—not in anyone’s personal account—until valid debts, liens, and the creditor-claim…
What paperwork do I need to open probate? – North Carolina Short Answer In North Carolina, opening probate usually means filing an application with the Clerk of Superior Court to appoint a personal representative (executor or administrator). The core paperwork typically includes an application for probate/letters, the original will (if there is one), proof of…
What specific documents does a healthcare provider require to release a deceased patient’s account information during probate? – North Carolina Short Answer In North Carolina, a healthcare provider usually asks for documents that prove (1) the patient has died and (2) the person requesting information has legal authority to act for the estate. In most…
What evidence do I need to challenge an heirship claim when there’s no will or DNA proof? – North Carolina Short Answer In North Carolina, challenging an heirship claim in an intestate (no-will) estate usually means showing that the claimant cannot meet the legal requirements to inherit as a child of the decedent. When there…
What steps do I need to list a joint bank account in a probate inventory and meet the filing deadline? – North Carolina Short Answer In North Carolina, a personal representative generally must file the estate inventory within three months after qualification with the Clerk of Superior Court. To list a joint bank account correctly,…
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…
