How can I stop co‑owners from selling the family home and keep it in the family—can I negotiate a buyout or block a partition sale? – North Carolina Short Answer In North Carolina, a co-owner (cotenant) generally has the right to file a partition case in Superior Court to force the property to be divided…
What documents will the bank require to close a deceased person’s accounts and move the money into an estate account? – North Carolina Short Answer In North Carolina, a bank usually requires (1) a certified death certificate and (2) proof of the personal representative’s authority, typically certified Letters Testamentary (executor) or Letters of Administration (administrator),…
What if there are two versions of a will and the newer one isn’t notarized—which one do I use? – North Carolina Short Answer In North Carolina, the will that controls is the most recent will that is validly executed and admitted to probate by the Clerk of Superior Court. A will does not have…
Does the jointly owned property need to go through probate or can it transfer directly? – North Carolina Short Answer In North Carolina, jointly owned property transfers directly only if the deed or account paperwork clearly creates a right of survivorship (or, for spouses, a tenancy by the entirety). If the property is owned as…
What documents or DNA evidence do I need to establish paternity for inheritance, and who covers the cost? – North Carolina Short Answer In North Carolina, paternity for inheritance is usually proven with a prior court order establishing paternity, a written acknowledgment of paternity that was properly signed and filed during the father’s lifetime, or…
How do I use updated court paperwork to access a deceased person’s bank account funds? – North Carolina Short Answer In North Carolina, a bank usually releases a deceased person’s account funds only after the court appoints a personal representative and the Clerk of Superior Court issues certified Letters (Letters Testamentary or Letters of Administration).…
How do I start the process to handle a parent’s estate if there was no will and there is property involved? – North Carolina Short Answer In North Carolina, when a parent dies without a will (intestate) and there is property involved, the process usually starts with the Clerk of Superior Court in the county…
Is there a time limit to bring a claim about a childhood inheritance that was taken or mismanaged? – North Carolina Short Answer Yes. In North Carolina, the time limit depends on what legal relationship controlled the inheritance (for example, a custodial trust, a formal trust, or a guardianship/estate arrangement) and when the beneficiary became…
Do I need to re‑execute the year’s allowance forms, or will a statement confirming my signature be enough? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can require a corrected or re-signed year’s allowance application if the Clerk is not satisfied that the signature on the form is the applicant’s…
How do I get credit card statements and account records from a financial institution when I’m the trustee but they keep asking for a court authorization letter? – North Carolina Short Answer In North Carolina, a trustee usually gets trust-related account records by giving the financial institution written proof of authority, such as a certification…
