How do intestate succession rules in North Carolina prioritize siblings versus more distant relatives?: North Carolina probate law

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

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

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 guidance

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?: Practical steps under North Carolina law

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…

How can I confirm if an ancillary probate has been filed in another state?: North Carolina guidance

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…