How do I challenge an executor’s final accounting or distribution when I believe estate funds from a property sale were mishandled? – North Carolina Short Answer In North Carolina, challenges to an executor’s final accounting or distribution are usually handled through the Clerk of Superior Court in the county where the estate is open. The…
What is the safest way to send an original will so it doesn’t get lost and there’s proof it was received? – North Carolina Short Answer In North Carolina, the safest approach is to avoid ordinary mail and use a tracked, signature-required delivery method (or hand delivery) with a clear paper trail. Before sending, make…
Does a power of attorney I had before the death let me access the bank account or transfer vehicles after the person dies? – North Carolina Short Answer No. In North Carolina, a financial power of attorney generally stops working when the person who signed it dies. After death, banks and the DMV typically require…
What are the next steps after I hire a probate lawyer to start handling an estate? – North Carolina Short Answer In North Carolina, the next steps after hiring a probate lawyer usually include (1) getting the key documents to the lawyer, (2) identifying the correct county Clerk of Superior Court for the estate, and…
How do I find out what the will says and whether I’m listed as a beneficiary? – North Carolina Short Answer In North Carolina, the will usually becomes available through the Clerk of Superior Court once it is filed for probate (or even filed without probate). The practical first step is to check whether an…
What can I do if the estate administrator filed an inventory that leaves out assets or lists everything as having no value? – North Carolina Short Answer In North Carolina, an estate administrator must identify, gather, and report estate assets to the Clerk of Superior Court, and the inventory should reflect realistic values (or explain…
How do I clear the title to a house when the deed still shows the deceased owner and “heirs” because probate was never done? – North Carolina Short Answer In North Carolina, the most reliable way to clear title when a parent’s deed still reflects the deceased owner (or “heirs”) is to open the estate…
How do I file a creditor claim against an estate for payments I made on the decedent’s financed vehicle, and can I ask to receive the vehicle instead of cash repayment? – North Carolina Short Answer In North Carolina, a person who paid the decedent’s vehicle loan (or related carrying costs) after death may be…
If I’m the only living heir, can I choose to proceed without probating the will and still inherit everything? – North Carolina Short Answer Sometimes, but not simply by choice. In North Carolina, a will generally must be probated through the Clerk of Superior Court to be legally effective to pass title to the decedent’s…
What happens if I don’t return the estate documents or I delay sending them back? – North Carolina Short Answer In North Carolina, delaying or refusing to return estate administration documents can slow down the probate process, delay appointments and notices, and create avoidable disputes. If the documents include an original will or other items…
