What happens to the original will after I file it with the clerk, and can I get it back if it’s my only original copy? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court admits a will to probate, the original will stays with the clerk as part of the…
Do I need to open an estate case for my adult child who passed away, or are there ways to handle things without probate? – North Carolina Short Answer Not always. In North Carolina, a formal “estate case” (full probate) is usually needed only when the deceased owned assets in their sole name that cannot…
What happens if the will lists the wrong address for a property, and can the intended property still be transferred to the beneficiary? – North Carolina Short Answer In North Carolina, a wrong or incomplete street address in a will does not automatically defeat a gift of real estate. If the intended property can be…
Can I still probate a will that was signed a long time ago and only recently found? – North Carolina Short Answer In North Carolina, an older will can often still be offered for probate even if it was found long after the person died. The bigger issue is timing: if the estate was already…
How do I request an exemplified or triple-seal copy of probate proceedings for an estate case? – North Carolina Short Answer In North Carolina, an exemplified (often called “triple-seal”) copy of probate proceedings is typically requested from the Clerk of Superior Court (Estates) in the county where the estate file is located. The request usually…
What can I do if I was removed as executor and I think the removal was based on false statements? – North Carolina Short Answer In North Carolina, an executor is removed by an order entered in the estate file by the Clerk of Superior Court (the probate judge). If the removal happened because someone…
What is the deadline for the other party to submit proof like bank statements to support their reimbursement request? – North Carolina Short Answer In North Carolina, there usually is not one automatic, statewide deadline that forces an opposing party to turn over bank statements or similar proof just because they asked for reimbursement. In…
Do I have any rights if our agreement about splitting the property or sale proceeds was only verbal or not signed? – North Carolina Short Answer Yes. In North Carolina, a verbal family understanding about how to divide inherited real estate is often hard to enforce as a contract because agreements to convey an interest…
Can the trust assets be transferred to a new corporate trustee without selling the stocks, so the holdings move “in kind” instead of being liquidated? – North Carolina Short Answer Often, yes. Under North Carolina trust administration, a change from one corporate trustee to another can frequently be handled by transferring the trust’s brokerage assets…
How do we get a clear, itemized fee breakdown for a trust setup that includes both short-term pass-through distributions and ongoing sub-trust administration? – North Carolina Short Answer In North Carolina, the cleanest way to get an itemized fee picture is to (1) request the trustee’s written compensation method and a sample annual trust report…
