What happens if caregivers or family members wrote checks or used credit cards without permission while my parent was vulnerable? – North Carolina Short Answer In North Carolina, unauthorized check-writing or credit card use against a vulnerable parent can trigger both civil and criminal consequences. Civilly, the person who took the money may be required…
What kind of proof does the executor need to keep so the estate will reimburse expenses connected to administering the estate? – North Carolina Short Answer In North Carolina, an executor (personal representative) should keep clear, itemized proof that an expense was (1) actually paid, (2) paid by the executor personally (if out-of-pocket), and (3)…
If I don’t qualify for a court-appointed attorney, what are my options for getting help before the final accounting hearing? – North Carolina Short Answer In North Carolina probate, if a court-appointed attorney is not available, the main options are (1) hiring a private probate attorney, (2) paying for limited-scope help (for example, reviewing the…
What happens if I miss the deadline to file the estate’s annual accounting as the administrator? – North Carolina Short Answer In North Carolina, missing the annual accounting deadline can trigger a clerk-issued order to file the overdue account, followed by a show-cause hearing if it still is not filed. At that hearing, the Clerk…
If the decedent’s name was removed from a joint account after death, does that mean the money is not part of the estate? – North Carolina Short Answer Not necessarily. In North Carolina, whether money in a joint account is part of the probate estate depends on how the account was titled and what the…
Why would a bank stop providing account statements after a certain month when I requested statements from the date of death to the present? – North Carolina Short Answer In North Carolina, a bank may stop producing statements in the decedent’s name after the account is treated as belonging to a surviving owner (for example,…
How can I confirm whether the estate has enough funds to cover outstanding expenses? – North Carolina Short Answer In North Carolina, the practical way to confirm whether an estate can cover outstanding expenses is to compare (1) the estate assets reported to the Clerk of Superior Court (inventory and any updates) against (2) the…
What documents do I need to prove I’m the surviving spouse for a year’s allowance claim if I can’t easily find my marriage certificate? – North Carolina Short Answer In North Carolina, a year’s allowance claim is filed with the Clerk of Superior Court by verified petition, and the Clerk must first confirm that the…
How do I figure out fair market value for older vehicles and a boat when standard pricing guides don’t list them? – North Carolina Short Answer In North Carolina probate, the estate inventory and accounting should use a supportable fair market value as of the date of death for vehicles, boats, and other personal property.…
What rights does a surviving spouse have to a house if the will leaves the house to an adult child and the spouse is not named in the will? – North Carolina Short Answer In North Carolina, a surviving spouse who is not named in a will may still have strong rights that affect a…
