How can I get a court order to stop my sibling from acting as administrator after they forged my signature? – North Carolina Short Answer In North Carolina, an “interested person” can ask the Clerk of Superior Court (the probate court) to suspend or revoke an administrator’s authority and to appoint a replacement if the…
What steps should I take to handle a deceased relative’s healthcare debts with a hospital? – North Carolina Short Answer In North Carolina, a hospital bill is typically a claim against the deceased person’s estate, not a personal debt of family members. The personal representative (executor/administrator) should first prove authority (usually with certified Letters Testamentary…
Can I submit certified documents electronically, or do courts require originals for ancillary probate? – North Carolina Short Answer In North Carolina ancillary probate, the Clerk of Superior Court typically requires paper “wet” documents for items that must be recorded or admitted to probate, such as a certified (or exemplified) out-of-state will and probate proceedings.…
How do I get reimbursed for expenses I’ve already paid on behalf of the estate? – North Carolina Short Answer In North Carolina, an administrator who pays estate-related bills out of pocket typically seeks reimbursement by documenting the expense as an estate administration cost and then requesting payment from estate funds through the estate accounting…
What steps can I take to evict someone squatting in the house by claiming inheritance rights? – North Carolina Short Answer In North Carolina, a person who is “squatting” in a deceased parent’s house does not get to stay there just by claiming “inheritance rights.” The practical steps usually involve (1) opening the estate and…
What evidence do I need to prove a person is not a lawful heir? – North Carolina Short Answer In North Carolina, the evidence needed to show someone is not a lawful heir depends on why the person claims heir status and what legal rule disqualifies them. Common proof includes vital records (birth, marriage, divorce,…
Can I delay distributing estate property until a creditor claim like Medicare is fully resolved? – North Carolina Short Answer Yes. In North Carolina, a personal representative can delay distributing estate property when a creditor claim is still unresolved, because the estate must pay valid debts before making final distributions. It is usually prudent to…
What happens if a power of attorney was used to move or spend my parent’s money before death—can I challenge that for undue influence or breach of duty? – North Carolina Short Answer Yes. In North Carolina, an agent acting under a power of attorney (often called an “attorney-in-fact”) owes fiduciary duties to the parent…
Does my past renunciation permanently prevent me from serving as executor, and is there any way around that if I live out of state? – North Carolina Short Answer Often, yes. In North Carolina, once a person files a written renunciation of the right to serve as personal representative (executor/administrator), the Clerk of Superior Court…
How can I finish a small‑estate affidavit if new investment accounts are discovered after I started the process? – North Carolina Short Answer In North Carolina, a small estate handled by “collection by affidavit” can usually still be finished even if new accounts are discovered near the end. The typical approach is to complete the…
