Do I need to fill out the estate property list on the application for letters of administration before I sign it? – North Carolina Short Answer In North Carolina, the application for letters of administration typically includes a “preliminary inventory” section that is meant to be completed before the application is signed and notarized. The…
Can I challenge gifts or transfers made while my parent was elderly or vulnerable? – North Carolina Short Answer Yes. In North Carolina, certain gifts or transfers made while a parent was elderly, impaired, or dependent on someone else can sometimes be challenged after death, especially if the transfer resulted from undue influence, fraud, or…
When should I expect a 1099 for an estate account, and what can I do if it isn’t available when the estate needs to file taxes? – North Carolina Short Answer In most situations, a financial institution issues a Form 1099 for interest or other reportable income on a calendar-year schedule, often around late January…
How do I file a creditor claim against my ex-spouse’s estate for unpaid support and reimbursements owed under our divorce agreement? – North Carolina Short Answer In North Carolina, a former spouse can usually pursue unpaid support or reimbursement obligations as a creditor claim in the decedent’s estate. The claim must be presented in writing…
What kind of proof do I need to show the court to get an executor removed? – North Carolina Short Answer In North Carolina, removing an executor (also called a “personal representative”) usually requires proof of a concrete problem with how the estate is being handled—such as default, misconduct, or another circumstance showing the executor…
How do I close a deceased person’s financial account and make sure the remaining balance is fully paid out to the estate? – North Carolina Short Answer In North Carolina, a financial institution will usually close a decedent-owned account and release the remaining balance to the estate only after it receives proof of death and…
What happens if there are issues with the will when we try to probate it? – North Carolina Short Answer In North Carolina, “issues with the will” usually mean the Clerk of Superior Court cannot accept the will for routine probate, or an interested person files a formal challenge (a caveat) after the will is…
Do heirs need to sign a new lease or written agreement before allowing a farmer to use the land during probate? – North Carolina Short Answer Often, yes—some written agreement should be signed before a third party farms inherited land during probate in North Carolina, but the right person to sign depends on where the…
What happens if one of the heirs is a minor—do we need court approval before paying attorney fees from the estate? – North Carolina Short Answer In North Carolina, a minor heir cannot consent to estate decisions the way an adult heir can, but that does not automatically mean the estate must get a separate…
What happens if an estate was already opened years ago—can it be reopened to file a will that was never probated? – North Carolina Short Answer In North Carolina, a closed estate can sometimes be reopened by the Clerk of Superior Court for “proper cause,” including when something important was missed in the original administration.…
