Can someone with a power of attorney legally change or sign a will, and if that happened, is the will invalid? – North Carolina Short Answer In North Carolina, a power of attorney does not let an agent make, change, or sign a will for someone else. A valid will generally must be signed by…
How do I determine if a credit union account has a beneficiary before probate? – North Carolina Short Answer In North Carolina, a credit union account has a “payable on death” (POD) beneficiary only if the account was set up using a written POD agreement (often the signature card or account agreement) that is signed…
What documents does the DMV typically require to retitle a car from a small estate? – North Carolina Short Answer In North Carolina, retitling a deceased person’s vehicle through a small-estate-type transfer usually requires (1) the existing title (or a DMV-approved substitute if the title is lost), (2) an affidavit or clerk-issued document showing authority…
If a co-owner lives in the house and is paying the mortgage, do the other co-owners owe reimbursement, and does the occupant have to pay rent or just utilities? – North Carolina Short Answer In North Carolina, co-owners generally can seek contribution for certain “carrying costs” (like mortgage payments, property taxes, insurance, and necessary repairs),…
What does the creditor notice mean, and what should I do if a company files a claim? – North Carolina Short Answer In North Carolina probate, the “notice to creditors” is the estate’s public announcement that the personal representative has opened an estate and that creditors must present claims by a stated deadline. In most…
Is there any way to challenge a new will by my stepparent that leaves out stepchildren and gives everything to extended relatives? – North Carolina Short Answer In North Carolina, a stepparent generally can leave property to anyone, and stepchildren usually have no automatic inheritance rights unless they are adopted or named in a valid…
How do I open a new estate with the clerk of court, and what documents do I need if there is a will or no will? – North Carolina Short Answer In North Carolina, a new estate usually opens by filing the required probate/estate forms with the Clerk of Superior Court (the probate division) in…
What happens if someone impersonated a relative to open or close estate files—can those filings be voided and assets traced? – North Carolina Short Answer In North Carolina, filings made to the Clerk of Superior Court in an estate matter based on impersonation, forged signatures, or other fraud can often be challenged. The clerk can…
How can I challenge UCC filings or liens a relative’s mortgage company put on my parents’ assets? – North Carolina Short Answer In North Carolina, challenging suspicious UCC filings or recorded liens usually starts by confirming exactly what was filed, where it was filed, and whether there is a real underlying debt or signed security…
If the estate’s main asset is real property, when can heirs expect a distribution and what usually has to happen first? – North Carolina Short Answer In North Carolina, when an estate’s main asset is real property, heirs usually should not expect a clean “distribution” until the personal representative has opened the estate, given notice…
