Do relatives who aren’t named in the will have legal standing to challenge it, and what does a will challenge look like? – North Carolina Short Answer In North Carolina, a relative who is not named in the will can still challenge it if they qualify as an “interested party,” meaning they would gain financially…
How can we protect our right to keep the inherited out-of-state house and buy out the other heirs if they won’t cooperate? – North Carolina Short Answer Under North Carolina law, an inherited house owned by multiple heirs is usually held as a shared ownership interest, and no single heir has a unilateral “right” to…
Do we need a renunciation or disclaimer from a spouse before opening an estate or distributing settlement proceeds? – North Carolina Short Answer Usually, no. In North Carolina, an estate can be opened and a wrongful-death settlement can be pursued without first getting a spouse’s renunciation/disclaimer. But if a spouse is an intestate heir (or…
What property actually has to go through probate when most assets are jointly owned or have a named beneficiary? – North Carolina Short Answer In North Carolina, probate usually applies to property titled only in the deceased person’s name (and not controlled by a beneficiary designation or survivorship feature). Jointly owned assets with a right…
How do I prove I’m authorized to act for someone else when dealing with their financial accounts? – North Carolina Short Answer In North Carolina, the “proof” depends on why the person cannot act. If the account owner has died, financial institutions usually require court-issued Letters Testamentary (executor) or Letters of Administration (administrator) showing a…
What should I do if the reissued estate refund check is lost in the mail or never arrives? – North Carolina Short Answer In North Carolina, the practical next step is to contact the issuer (here, the insurance company) promptly, ask whether the reissued check has cleared, and request a stop-payment and replacement if it…
How can we deal with a family member who moved into the deceased person’s house and refuses to move out during probate? – North Carolina Short Answer In North Carolina, removing a family member from a deceased person’s home during probate usually requires a court order and a formal eviction-type process—self-help lockouts are not the…
What happens if the person refuses to return the ashes and other items after getting a demand letter? – North Carolina Short Answer In North Carolina, a demand letter is often a useful first step, but it does not force anyone to hand property back. If the person still refuses to return cremated remains (ashes)…
How do I confirm the exact amount a mortgage lender is claiming against an estate? – North Carolina Short Answer In North Carolina, the cleanest way to confirm a mortgage lender’s exact claim amount for an estate is to request a written payoff statement under state law. A proper payoff request must identify the loan…
Am I really the only person who inherits under the will, and what happens if relatives disagree with that? – North Carolina Short Answer In North Carolina, if a valid will leaves the estate to one person, that person can be the only beneficiary under the will—even if other relatives are upset. Relatives do not…
