How can I remove a trustee and get the court to freeze trust assets while an investigation is pending? – North Carolina Short Answer In North Carolina, removing a trustee and “freezing” trust assets usually requires filing a trust proceeding in Superior Court and asking for emergency relief (a temporary restraining order and/or preliminary injunction)…
When the creditor notice period ends, what kinds of claims can still be brought against the estate (like taxes or known debts)? – North Carolina Short Answer In North Carolina, most ordinary creditor claims are barred if they are not presented by the deadline in the published Notice to Creditors (or, for certain known creditors…
How do I get a bank or credit union to release a deceased person’s account statements for probate? – North Carolina Short Answer In North Carolina, the cleanest way to get a bank or credit union to release a deceased person’s account statements for a probate estate is to have the court-appointed personal representative (executor/administrator)…
What records can I request to show when and how a decedent’s name was removed from an account? – North Carolina Short Answer In North Carolina, the most useful records to request are the account’s ownership documents (signature card/deposit agreement), any change-of-ownership or “remove joint tenant” paperwork, and the institution’s internal account history showing the…
Can an estate representative demand statements for a joint account after it is changed into the surviving account holder’s name? – North Carolina Short Answer Sometimes, but not always. In North Carolina, a joint account with right of survivorship generally becomes the surviving account holder’s property at death, so the financial institution may treat later…
What happens if I make a mistake or leave something out of the estate inventory or final accounting? – North Carolina Short Answer In North Carolina probate, an honest mistake or an omitted item on an estate inventory or final accounting usually gets fixed by filing a corrected or supplemental filing with the Clerk of…
What documents do I need to prove I’m authorized to receive court-held funds on behalf of an estate? – North Carolina Short Answer In North Carolina, the person who can usually receive court-held funds for a decedent’s estate is the court-appointed personal representative (executor or administrator). The most common proof is a certified copy of…
How do I find out what assets my child had, like bank accounts, a car, or other property, and how those get transferred? – North Carolina Short Answer In North Carolina, the cleanest way to identify and collect an adult child’s assets is usually to have a personal representative (executor/administrator) appointed by the Clerk of…
How do I start probate and enforce the will if the surviving spouse is occupying the property? – North Carolina Short Answer In North Carolina, probate usually starts by taking the original will and a death certificate to the Clerk of Superior Court in the county where the decedent lived, and having a personal representative…
Do we need written payoff instructions or confirmation from the inheritance-advance company before mailing an overnight check? – North Carolina Short Answer North Carolina law does not require a special “payoff letter” from an inheritance-advance company before an estate mails a check. But as a practical matter, written payoff instructions (or written confirmation of the…
