What happens to the leftover sale proceeds in North Carolina if someone dies without a will? — North Carolina Short Answer In North Carolina, after a court-authorized sale of a deceased person’s real estate, the net proceeds first pay any liens on the property and then valid estate expenses and debts in statutory order. Any…
What steps do I need to retitle the car in my parent’s estate? — North Carolina Short Answer In North Carolina, the path to retitle a deceased parent’s car depends on how the vehicle was owned and whether a probate estate is opened. Common routes include survivorship (if the title says joint tenants with right…
What can I do if the proposed administrator is withholding asset information and estate documents from me? — North Carolina Short Answer In North Carolina, estate law requires a personal representative to file an itemized inventory within three months of qualifying and to file accountings as the estate continues. If information is withheld, you can…
What happens if a will wasn’t properly signed and is treated as invalid during probate in North Carolina? — North Carolina Short Answer If a North Carolina will does not meet the execution requirements or cannot be sufficiently proven, the clerk of superior court will refuse probate. The estate then proceeds as if there is…
How do I formally challenge my sibling’s application for letters of administration in a North Carolina probate proceeding? — North Carolina Short Answer You challenge a pending appointment by filing a verified petition with the Clerk of Superior Court to contest issuance of letters before they are granted. If letters have already been issued, you…
How do I compel the surviving spouse to sell the house and distribute proceeds as the will directs? — North Carolina Short Answer In North Carolina, the executor can sell estate real estate if the will gives a power of sale or conveys title to the executor. If the spouse refuses to cooperate or vacate,…
What is the process of filing a Notice to Creditors? — North Carolina Short Answer In North Carolina, after you qualify as personal representative, you must publish a Notice to Creditors once a week for four consecutive weeks in a qualifying county newspaper and mail or deliver notice to all known or reasonably ascertainable creditors…
What steps do I need to take to recover my cash bequest from my sibling’s estate when the executor won’t cooperate? — North Carolina Short Answer In North Carolina, a beneficiary can ask the Clerk of Superior Court to order the executor to account and distribute a cash bequest once estate debts and taxes are…
How can I be appointed executor when my parent named my sibling first but they refuse to serve? — North Carolina Short Answer In North Carolina, if the person named as executor will not serve, they can file a written renunciation or, after notice, be deemed to have renounced if they do not qualify in…
Can I stop Medicaid from filing a claim against my mother’s home or forcing me to sign over her deed in North Carolina? — North Carolina Short Answer In North Carolina, the Department of Health and Human Services (DHHS) can file a Medicaid estate recovery claim against a deceased recipient’s probate estate, which may include…
