How do I find out what I actually inherit under my parent’s will before I agree to be the executor? – North Carolina Short Answer In North Carolina, the fastest way to confirm what is being left under a parent’s will is to read the will carefully for the gift language (specific gifts, percentages, and…
What happens to my spouse’s retirement accounts or 401(k) if I’m not sure who the beneficiary is? – North Carolina Short Answer In North Carolina, a 401(k) or retirement account usually pays directly to the beneficiary named on the plan’s paperwork, not through probate. If the beneficiary is unclear, the plan administrator will require documentation…
What documents will I need to prove I can sell the property and sign the closing paperwork? – North Carolina Short Answer In North Carolina, the document that most often proves legal authority to sell a deceased parent’s home and sign closing paperwork is a certified copy of Letters of Administration (or Letters Testamentary if…
What happens if a creditor has a second separate claim or file that I didn’t know about? – North Carolina Short Answer In North Carolina probate, a creditor can have more than one claim (for example, two different accounts or a main account plus a separate “file” for fees, interest, or a different contract). Each…
Do I have to go through probate to change the deed after my spouse dies if the house is the main asset? – North Carolina Short Answer Not always. In North Carolina, if the home was titled with survivorship (most commonly as “tenants by the entirety” for married couples), the surviving spouse usually becomes the…
What happens if the person named as executor is someone I think should not serve? – North Carolina Short Answer In North Carolina, the person named as executor does not automatically get to serve if there is a legal reason they are not qualified or they cannot fairly and properly administer the estate. An interested…
Can the heirs enforce a family agreement to split the estate equally if probate is taking too long? – North Carolina Short Answer Sometimes, but not just because probate is moving slowly. In North Carolina, heirs can often sign an agreement about how to divide what is left after valid debts, expenses, and any spouse/child…
How do I transfer the house into my name after my spouse’s death? – North Carolina Short Answer In North Carolina, transferring a home into a surviving spouse’s name usually requires confirming how the home was titled and then using the correct probate (or non-probate) path to create recordable paperwork for the Register of Deeds.…
How do I respond when a relative files something in court claiming the will is not valid? – North Carolina Short Answer In North Carolina, a will validity challenge is usually filed as a “caveat” in the estate file with the Clerk of Superior Court. A caveat typically pauses distributions and can delay probate, but…
How does a government benefits or care claim get handled against a deceased person’s estate during probate? – North Carolina Short Answer In North Carolina probate, a government benefits or care-related claim is generally handled like other creditor claims: it must be presented to the estate within the required claims period, and the personal representative…
