Can the surviving spouse challenge the will or claim a share of the estate even if they are not named in the will? – North Carolina Short Answer Yes. In North Carolina, a surviving spouse can often claim an elective share even if the spouse is not named in the will, including when the will…
Can I pay the reduced payoff amount directly instead of paying the full amount and waiting for a rebate? – North Carolina Short Answer Sometimes, but only if the probate-advance agreement actually allows payment of the discounted payoff amount within the stated “early pay” window and the payee follows the agreement’s payoff instructions. In North…
Can I add additional relatives or possible heirs to my probate case after the petition has already been filed? – North Carolina Short Answer Yes. In North Carolina, it is often possible (and sometimes necessary) to add additional relatives or other “interested persons” to a probate-related court case after the petition has been filed. The…
Do I need a probate attorney if the person who died had a trust? – North Carolina Short Answer Not always. In North Carolina, a properly funded trust can keep many assets out of the probate court process, but it does not automatically eliminate probate or legal work after death. A probate attorney is often…
How will I be notified about what gets filed and any decisions the court makes about the disbursement funds? – North Carolina Short Answer In North Carolina, notice usually comes through formal “service” of papers in the special proceeding and then written orders entered by the Clerk of Superior Court (or a Superior Court judge…
What happens if a relative tries to get appointed as the estate administrator before I do? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (the probate court) appoints the estate’s personal representative and issues “letters” that give legal authority to act. If a relative applies first, the clerk may issue…
What happens if I think assets were moved around or changed after my relative’s dementia got worse? – North Carolina Short Answer In North Carolina, concerns about assets being moved or changed during a relative’s dementia usually point to two tracks: (1) what happened before death under a guardianship or other authority, and (2) what…
If the will left the house to people who have both since died, who owns the house now? – North Carolina Short Answer In North Carolina, if the will left the house to someone who later died, ownership usually depends on whether that person was alive when the parent (the testator) died. If the beneficiary…
What has to happen with a medical creditor claim before the estate can distribute to the trust and be officially closed? – North Carolina Short Answer In North Carolina, before an estate can make final distributions (including funding a testamentary trust) and be closed, any medical creditor claim must be handled in one of a…
Who should I contact to confirm the status of a probate file upload and troubleshoot access issues? – North Carolina Short Answer In North Carolina, the first point of contact to confirm whether a legacy probate file was actually added to the court record is the Clerk of Superior Court (Estates Division) in the county…
