Will moving to another state affect the probate timeline for a small estate I’m administering? – North Carolina Short Answer Usually, moving to another state does not change the legal timeline for a North Carolina small estate. The timeline is mainly driven by (1) which small-estate procedure applies, (2) whether required heirs have signed and…
How can I challenge an administrator who hired an attorney without court approval and excluded heirs from probate proceedings? – North Carolina Short Answer In North Carolina, an heir can challenge an administrator’s actions by filing an estate proceeding with the Clerk of Superior Court asking the Clerk to require a full inventory and accounting,…
Do heirs need to report gain on real property sold after title passed at death? – North Carolina Short Answer In North Carolina, real property commonly passes to the heirs or devisees at death, subject to the estate’s administration. If the heirs become the owners and then sell the property (rather than the personal representative…
Does a late inventory filing give me legal grounds to remove the administrator? – North Carolina Short Answer Yes—under North Carolina law, an administrator’s failure to timely file the required estate inventory can support removal, but removal is not automatic. The Clerk of Superior Court typically first uses a “notice/order to file” and then a…
How do I confirm that Medicaid received our waiver submission? – North Carolina Short Answer In North Carolina, the most reliable way to confirm that Medicaid received an undue hardship waiver submission is to use a delivery method that creates a time-stamped record (such as a fax transmission confirmation, an email “sent” record plus a…
Can I force an accounting from the person who managed my parent’s finances and require them to disclose insurance policies, bank accounts, and property? – North Carolina Short Answer Yes—under North Carolina law, the right way to “force an accounting” depends on the person’s role. If the sibling acted under a power of attorney, the…
How do I interpret the will’s terms on selling estate vehicles and distributing them? – North Carolina Short Answer In North Carolina, the will’s wording controls who gets an estate vehicle (or the sale proceeds) and when a personal representative may sell instead of distribute. If the will specifically gives a particular vehicle to a…
Can I transfer the vehicle to my other parent even if they were divorced from the deceased? – North Carolina Short Answer Usually not just because that parent is the “other parent.” In North Carolina, a vehicle titled only in the deceased parent’s name can be transferred only by someone with legal authority (a court-appointed…
What paperwork do I need to transfer inheritance from my grandparent’s estate into my parent’s probate estate? – North Carolina Short Answer In North Carolina, when a beneficiary of a grandparent’s estate has died and the inheritance must be paid to that beneficiary’s probate estate, the receiving estate usually needs (1) a certified copy of…
Can I use proceeds from selling my parent’s house to fund specific cash gifts in the will? – North Carolina Short Answer In North Carolina, estate funds can be used to pay the will’s specific cash gifts, and that can include money raised by selling the decedent’s house if a sale is properly authorized and…
