Category Archives: Probate Q&A Series

How should I handle complex estate issues when there is a verbal agreement among heirs that deviates from the will and the court requires specific documentation to probate the estate?

FAQ 1: What Are the Responsibilities of an Executor in a North Carolina Probate? Serving as an executor in a North Carolina probate case means you hold a fiduciary role with a legal duty to manage the decedent’s estate properly and in accordance with the court’s orders. In Cumberland County cases, an executor must ensure…

How Can I Find a Law Firm Experienced in Probate Litigation to Address Complex Estate Disputes?

How Do I Challenge an Executor’s Handling of an Estate in North Carolina? In North Carolina, an executor holds a fiduciary duty to manage the estate diligently and fairly. If you suspect mismanagement – for instance, the failure to distribute funds, refusal to retrieve important documents, or improper accounting – you can take action to…

What should I do if I am listed as a beneficiary on a deceased person’s bank account but the bank won’t release the funds to me?

Can a Convicted Felon Serve as a Personal Representative in North Carolina? In North Carolina, a conviction does not automatically disqualify an individual from serving as the personal representative (administrator) of a decedent’s estate. Instead, courts review the circumstances and any relevant statutory restrictions before making a determination. Although there is no blanket prohibition under…

What should I do if I believe I am a beneficiary of a trust but am not receiving any information or distribution?

Does Divorce Affect My Rights to Inherit Under a Trust in North Carolina? In North Carolina, a divorce does not automatically terminate a beneficiary’s rights in a trust if the trust document expressly names you, even if you were formerly married to the decedent. Trusts are separate legal instruments created during the marriage, and absent…

What is the process for handling probate and heirship in North Carolina?

Can I Use an Affidavit of Next-of-Kin to Secure Temporary Rights During Probate in North Carolina? In North Carolina, probate administration can sometimes move slowly. When an estate is pending and the heirs need temporary authority to manage assets, a document such as an affidavit of next-of-kin can help establish a person’s standing. Although North…

How can I claim family heirlooms if the life insurance beneficiary is not a family member?

FAQ: How Does Jurisdiction Affect Probate When the Decedent Dies Out‑of‑State? When a loved one dies in a state other than where you live, the probate process becomes more complex. In this situation, the decedent’s estate is generally administered under the laws of the state where they resided or where the property is located. For…

How do you handle an estate without a will in North Carolina?

What Is the Difference Between Letters Testamentary and Letters of Administration in North Carolina Probate? In North Carolina, when a person dies the court must authorize the individual designated to manage the estate. If a valid will exists, the document that the court issues is known as “letters testamentary.” If no will exists, then the…

How can an ancillary probate for property in North Carolina be handled by out-of-state lawyers?

What Is Ancillary Probate and Why Is It Necessary in North Carolina? Ancillary probate is a legal proceeding used when a decedent’s estate is primarily administered in another state, but property is located in North Carolina. This situation frequently arises when someone passes away out-of-state and leaves behind real property or assets located in North…

How does a mediation for a property buyout work when resolving ownership disputes?

What Is Mediation in a Probate Estate Buyout? Mediation is an alternative dispute resolution process that allows parties involved in a probate dispute – such as a buyout of a one‐third interest in estate property – to negotiate an agreement without going to court. In North Carolina, mediation is frequently used to resolve disagreements among…

How can I prove I am the legal heir to my deceased biological father’s estate?

How Can I Prove My Parental Relationship for Probate Purposes in North Carolina? Establishing your parental relationship is a critical step when you believe you have inheritance rights during the probate process. In North Carolina, proving parentage can be accomplished through a variety of evidentiary documents and witness testimony. The most common form of evidence…