Do I have a claim against a notary who notarized a will without witnessing the signature, and is it better to pursue that now or after the probate dispute? – North Carolina Short Answer Potentially, yes—under North Carolina law, a notary generally must have the signer personally appear and either sign in front of the…
Will filing the inventory and a petition to sell the house affect the lender’s foreclosure timeline? – North Carolina Short Answer Usually not. In North Carolina, a lender’s foreclosure under a deed of trust has its own statutory timeline, and filing an estate inventory or starting a probate petition to sell the home does not…
How can I enforce my rights as a surviving spouse to make funeral arrangements when a child and siblings have taken control? – North Carolina Short Answer In North Carolina, if the decedent did not leave valid written instructions naming someone else, the surviving spouse is first in line to authorize the type, place, and…
Can I sue an executor to force delivery of personal property from an estate? – North Carolina Short Answer Yes. In North Carolina, an heir or other “interested person” can ask the Clerk of Superior Court (the probate court) to order someone to turn over estate property, and the order can be enforced through civil…
Can unclaimed property held in a brokerage account after death be listed as estate receipts? – North Carolina Short Answer Yes, in North Carolina, unclaimed property proceeds that are received by the personal representative after the date of death are typically reported as estate receipts on the estate accounting, even if the underlying asset existed…
How do I open probate when my father died without a will and I’m one of several heirs? – North Carolina Short Answer In North Carolina, opening probate for a person who died without a will usually means asking the Clerk of Superior Court in the county where the person lived to appoint an “administrator”…
How can I apply for letters of administration so a beneficiary’s estate can receive its inheritance? – North Carolina Short Answer In North Carolina, when an heir (beneficiary) dies before receiving an inheritance from another estate, the inheritance is typically paid to the deceased heir’s estate—not directly to the heir’s family members. To receive that…
What legal rights do I have if the trustee blocks communication and withholds my share? – North Carolina Short Answer In North Carolina, a trust beneficiary can demand basic trust information and can ask the court to step in if a trustee refuses to communicate or improperly withholds required distributions. Remedies can include a court…
How do I start probate when my uncle died without a will? – North Carolina Short Answer In North Carolina, when someone dies without a will (called an “intestate” estate), probate usually starts by applying to the Clerk of Superior Court in the county where the person lived at death for “Letters of Administration.” The…
What are the grounds and procedure to remove a co-executor? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can remove (revoke the “letters” of) a personal representative, including an executor or co-executor, for specific statutory reasons such as disqualification, misconduct or breach of fiduciary duty, appointment obtained by mistake or…
