What happens if a will leaves a house directly to one beneficiary instead of dividing it among everyone? – NC Short Answer In North Carolina, a will can leave a house directly to one named beneficiary instead of requiring that it be sold and divided with the rest of the estate. When that happens, the…
What happens if the court mails notice of a probate hearing but I never actually see it before the hearing date? – NC Short Answer In North Carolina, a probate matter can still go forward if notice was mailed in the manner the law requires, even if the person did not actually read it before…
How do I try to reopen or challenge a probate case after the judge ruled for the other party without my participation? – NC Short Answer In North Carolina, the first question is usually whether the ruling came from the clerk in an estate proceeding and whether the deadline to appeal has already run. An…
Can I appeal a probate decision if I was not there to present my side or my evidence? – NC Short Answer Yes, in many North Carolina probate matters, a party who is aggrieved by a clerk’s order can appeal to superior court even if a hearing went forward without that party present. In estate…
Can I challenge a probate ruling if I already filed a response but the court decided the case without me present? – NC Short Answer Yes, in North Carolina, a party can often challenge a probate ruling entered after a hearing they missed, even if that party already filed a response. In many estate matters…
What happens if a lawyer who is not on the probate case submits a request for a triple-seal copy? – NC Short Answer In North Carolina, the clerk may reject and return a request for a triple-seal copy from a lawyer who is not counsel of record in the probate case. If no attorney has…
What can I do if a transfer agent says estate account statements were mailed but they never arrived? – NC Short Answer In North Carolina, the estate’s personal representative can usually make a renewed written records request, confirm the exact address of record, and ask the transfer agent to reissue the statements with tracking or…
How do I transfer shares from a deceased person’s account to the estate or to the heirs? – NC Short Answer In North Carolina, the answer usually depends on how the shares were registered when the owner died. If the account had a transfer-on-death beneficiary, the shares often pass directly to the surviving beneficiary after…
What happens if the shareholder’s account information is incomplete or I don’t know what companies they held shares in? – NC Short Answer In North Carolina, incomplete shareholder account information usually does not end the estate process, but it does slow down collection and transfer of the asset. The personal representative generally must prove authority…
What documents do I need to prove I’m the legal representative so I can access a deceased shareholder’s account? – NC Short Answer In North Carolina, the main document that proves authority to act for a deceased shareholder’s estate is a certified copy of the personal representative’s Letters Testamentary or Letters of Administration. A transfer…
