Can I still be appointed to handle my spouse’s estate if the court won’t accept the will for probate? – North Carolina Short Answer Yes. In North Carolina, if a will is not accepted for probate, the estate can usually be opened as an intestate estate, and the surviving spouse often has first priority to…
Do beneficiaries have any right to stop or delay a sale if the executor is rushing to accept an offer or won’t communicate with the family? – North Carolina Short Answer In North Carolina, beneficiaries usually do not have to “sign off” on an executor’s sale of estate property, and an executor can often move…
What happens to sale proceeds from corporate property when there is a dispute over who owns a minority interest—can the company distribute the money to someone else? – North Carolina Short Answer In North Carolina, when a closely held corporation knows there is a real dispute about who owns a minority interest, distributing sale proceeds…
How can I find out whether my grandparent’s estate went through probate and who handled it? – North Carolina Short Answer In North Carolina, probate and most estate administration records are handled through the Clerk of Superior Court in the county where the estate was opened. A person can usually confirm whether an estate file…
What can I do if a bank only provides partial statements for a deceased account holder’s accounts? – North Carolina Short Answer In North Carolina, the personal representative (executor/administrator) generally has authority to collect the decedent’s financial records needed to administer the estate. If a bank sends only partial statements, the usual next steps are…
What happens if the will lists my name as a witness but I never signed it? – North Carolina Short Answer In North Carolina, a typical written will generally must be signed by the testator and attested by at least two witnesses who actually sign as witnesses. If a will lists someone as a witness…
If the deceased person has adult children, can they sign waivers so I can be appointed to handle records and paperwork? – North Carolina Short Answer Yes—often. In North Carolina, when a person dies without a will and has adult children, those children may be able to sign written renunciations (and, in some cases, bond…
How do I make sure I’m recognized as an heir and included in the distribution of my parent’s estate? – North Carolina Short Answer In North Carolina, being “recognized as an heir” usually means making sure the person handling the estate (the executor or administrator) and the Clerk of Superior Court have accurate information about…
Can the estate distribute retirement-plan funds before the final income tax and estate tax issues are resolved? – North Carolina Short Answer Sometimes, but it depends on who legally owns the retirement-plan funds and whether the personal representative can safely hold back enough money to cover taxes and other estate costs. In North Carolina, a…
What happens if other family members disagree with the will after its found? – North Carolina Short Answer In North Carolina, a disagreement does not stop a will from being filed with the Clerk of Superior Court for probate. If an interested family member believes the will is not valid, the usual way to challenge…
