Can they combine my grandparent’s and my parent’s estates to use funds to cover my parent’s obligations, and how do I stop that? – North Carolina Short Answer Usually, no. In North Carolina, a grandparent’s estate and a parent’s estate are separate legal administrations, and one estate generally cannot be used to pay the other…
If a will said the siblings get a specific house, how do I enforce that and claim my share from the sale proceeds? – North Carolina Short Answer In North Carolina, enforcing a will’s gift of a specific house usually starts by making sure the will is properly probated with the Clerk of Superior Court…
What happens if a payment is issued in the deceased person’s name—how do I get it reissued to the estate or the right party? – North Carolina Short Answer In North Carolina, a check made payable only to a person who has died usually cannot be negotiated using that person’s signature. In most cases, the…
Can I stop probate or pause distributions while a will contest is pending? – North Carolina Short Answer In North Carolina, a will contest (called a “caveat”) does not automatically stop the estate from being administered, but it generally does stop distributions to beneficiaries while the caveat is pending. After a caveat is filed, the…
Can I choose a wire instead of a mailed check, and what forms or notarization do you need from me to release the funds? – North Carolina Short Answer Usually, a North Carolina estate can send an early distribution by wire instead of mailing a check, as long as the personal representative and the estate…
What should I do if my notice-to-creditors affidavit was rejected because the mailing address didn’t match my personal address? – North Carolina Short Answer In North Carolina estate administration, the notice to creditors must include a valid mailing address where claims should be sent, and the Clerk of Superior Court often expects the affidavit to…
Can I get copies of records like the death certificate or account information before I am officially appointed? – North Carolina Short Answer Sometimes, but it depends on the type of record and who holds it. In North Carolina, a death certificate is often obtainable by close family members and is commonly gathered before any…
How do I verify whether the mortgage amount and loan paperwork are accurate or potentially fraudulent? – North Carolina Short Answer In North Carolina, the most reliable way to verify a mortgage amount and loan paperwork is to compare (1) the recorded deed of trust and related filings at the county Register of Deeds, (2)…
Can I require the executor to notify me and limit visits during certain hours if showings disrupt my family? – North Carolina Short Answer Sometimes. In North Carolina, an executor (personal representative) has duties to protect estate property and may need access to market and sell a home, but that does not automatically mean unlimited,…
What happens if the court or an heir challenges the value I put on the condo in the probate filing? – North Carolina Short Answer In North Carolina, if the condo value listed in the estate inventory is challenged, the issue is usually handled through the Clerk of Superior Court overseeing the estate. The clerk…
