How do I file a motion to force executors to submit inventory and accounting in probate court? – North Carolina Short Answer In North Carolina, you file an estate proceeding with the Clerk of Superior Court asking for an order compelling the personal representatives (executors) to file the required 90‑day inventory and any due annual…
How do intestate succession rules in North Carolina prioritize siblings versus more distant relatives? – North Carolina Short Answer In North Carolina, siblings (and the children of deceased siblings) inherit only if the decedent left no surviving children or parents. When that happens, brothers and sisters—and then nieces and nephews by representation—come ahead of grandparents,…
How can my cousin challenge a relative’s appointment as administrator when estate funds were distributed without notice? – North Carolina Short Answer In North Carolina, an heir or other interested person can challenge an administrator either before letters are issued (by contesting the application) or after letters are issued (by petitioning to revoke them). Lack…
Can heirs who were excluded petition for an accounting or contest distributions after administration? – North Carolina Short Answer Yes. In North Carolina, any heir or other “interested person” can ask the Clerk of Superior Court to order an accounting and to review distributions. If assets were distributed without a proper appointment or required filings,…
What options exist if a family member is controlling letters of administration for two related estates and cutting out other heirs? – North Carolina Short Answer In North Carolina, heirs can challenge who gets letters of administration, ask the Clerk of Superior Court to require bond and full accountings, and seek removal if letters were…
How do I prove that my spouse lacked mental capacity when signing over his benefits at the hospital? – North Carolina Short Answer In North Carolina, you can challenge a last-minute beneficiary change by proving your spouse lacked capacity at the moment of signing or that someone exerted undue influence. You do this with medical…
Can I reverse a last-minute beneficiary change on a member’s policy due to undue influence? – North Carolina Short Answer Yes. In North Carolina, you can challenge a late beneficiary change to life insurance or other nonprobate benefits if it was the product of undue influence or lack of capacity. Practically, you move fast to…
How can I confirm if an ancillary probate has been filed in another state? – North Carolina Short Answer In North Carolina, estate “letters” issued here do not automatically work in other states. To confirm whether an ancillary probate was opened elsewhere, search the probate/estate docket in the county where the out-of-state property is located…
What steps do I need to take to file the final tax return for my deceased parent’s estate? – North Carolina Short Answer In North Carolina, the executor must obtain an EIN for the estate, determine which tax returns are required, pay or reserve for all taxes and expenses, and file the fiduciary income tax…
How can I secure a release or satisfaction for a creditor claim that’s been paid? – North Carolina Short Answer In North Carolina probate, the cleanest way to close out a paid creditor claim is to file the creditor’s written withdrawal, satisfaction, or release in the estate file and show the payment (with proof) on…
