How do I find out the next actions in my parent’s probate case? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (Estates Division) supervises most probate administration. The most reliable way to learn the “next actions” is to obtain the estate file number, review the estate file (in person or…
What should I do if my siblings or another family member hire their own lawyer and try to take control of the estate? – North Carolina Short Answer In North Carolina, a family member hiring a lawyer does not automatically give that person control of an estate. Control generally comes from the Clerk of Superior…
Can I request a hospital to update or settle outstanding medical bills in an estate administration? – North Carolina Short Answer Yes. In North Carolina estate administration, the personal representative (executor or administrator) can contact a hospital or other healthcare provider to verify, dispute, and arrange payment of a deceased person’s outstanding medical bills, as…
Will my stepmom be notified if I file to become estate administrator or seek an implied renunciation? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can often issue Letters of Administration without notifying other interested people first. However, if a surviving spouse has a higher priority right to serve as…
What happens if no one follows up on an ancillary probate filing—can it be closed or delayed? – North Carolina Short Answer In North Carolina, an ancillary estate file handled by the Clerk of Superior Court can sit “open” for a long time if no one completes the next required steps. The court usually does…
How can I defend against my sibling’s petition to remove me as personal representative? – North Carolina Short Answer In North Carolina, a Clerk of Superior Court can remove (revoke the “letters” of) a personal representative only if the petitioner proves a statutory ground—such as disqualification, fraud/mistake in the appointment, a fiduciary breach through default…
What steps are involved in a contested probate hearing to remove a fraudulent claimant? – North Carolina Short Answer In North Carolina, removing a fraudulent claimant in a contested probate matter usually means forcing the claimant to prove the claim in the proper forum and using the court’s procedures to limit, disallow, or dismiss the…
How do I transfer the deed into my name for a house my grandparent left to me and my sibling, now that my sibling has passed? – North Carolina Short Answer In North Carolina, a deed usually is not “automatically” reissued after a death. Instead, title is cleared by documenting how the property passed from…
How do I plan for a possible guardianship or conservatorship of my mother and establish a backup decision-maker? – North Carolina Short Answer In North Carolina, planning usually starts with documents that name decision-makers now (like a durable financial power of attorney and a health care power of attorney) and that also nominate a preferred…
Can I challenge a mortgage or home equity loan taken shortly before death if it reduced the equity I should receive? – North Carolina Short Answer Possibly. In North Carolina, a mortgage or home equity loan signed shortly before death can sometimes be challenged if it was obtained through lack of capacity, undue influence, or…
