How can I challenge the information provided by the decedent’s child to the funeral home? – North Carolina Short Answer In North Carolina, the surviving spouse generally has first priority to control final disposition (including whether cremation happens) when the decedent did not leave valid written instructions. A spouse can challenge inaccurate information given to…
How do I coordinate probate administration when one heir’s estate must receive funds from another estate? – North Carolina Short Answer In North Carolina, when an heir dies before receiving an inheritance, the decedent’s personal representative generally should not distribute that share until a personal representative for the deceased heir’s estate is appointed and can…
Can I remove or replace the trustee if they refuse reasonable distributions? – North Carolina Short Answer Yes. In North Carolina, a beneficiary can ask the court to remove a trustee and appoint a replacement when the trustee’s conduct (including refusing appropriate distributions) seriously harms the trust administration or the beneficiaries’ interests. The most common…
Can I rely on our family’s informal promise to inherit the estate even without a will? – North Carolina Short Answer No. In North Carolina, when someone dies without a valid will, the estate generally must pass to the legal heirs set by the state’s “intestate succession” rules—not by an informal family promise. Family members…
How do I handle a closed bank account that stopped HOA payments after a death? – North Carolina Short Answer In North Carolina, when a parent dies and an HOA payment stops because a bank account was closed, the immediate goal is to keep the HOA from adding late fees or recording a lien while…
Can I avoid full probate in the original state and use an ancillary proceeding to move the property? – North Carolina Short Answer Usually not. In North Carolina, an “ancillary” estate is typically tied to a primary (domiciliary) probate in the decedent’s home state, and North Carolina commonly expects a probated will and foreign appointment…
Is there an alternative to filing a formal petition to substitute an incapacitated representative? – North Carolina Short Answer Usually, no. In North Carolina, replacing an already-appointed personal representative who has become incapacitated typically requires a clerk-of-superior-court order entered in an estate proceeding (most often a removal/revocation proceeding or a resignation proceeding), even if the…
How can I find out if my mother’s estate is officially closed with the court? – North Carolina Short Answer In North Carolina, an estate is typically “officially closed” when the personal representative files a closing account (often a Final Account or, in some estates, a Summary of Administration) and the Clerk of Superior Court…
How do I access my parent’s bank account after they pass away if I’m not listed as a beneficiary? – North Carolina Short Answer In North Carolina, a child or other family member usually cannot access a deceased parent’s bank account just because of the family relationship. If the account does not have a payable-on-death…
How can I find and collect any other accounts or assets if I’m not sure what the deceased had? – North Carolina Short Answer In North Carolina, the person appointed by the Clerk of Superior Court as the estate’s personal representative has a duty to locate (“discover”) and gather (“collect”) the deceased person’s assets. The…
