How do I follow up and document communications with an employer so the estate process keeps moving? – North Carolina Short Answer In North Carolina, the cleanest way to keep an employer moving on final pay and benefits is to communicate in writing, attach the estate’s authority documents (usually Letters Testamentary or Letters of Administration),…
Can I undo the sale or recover my money if I can’t get the titles because the estate won’t cooperate? – North Carolina Short Answer Possibly. In North Carolina, a vehicle sale from an estate often cannot be completed at the DMV unless the person who is legally authorized for the estate properly signs the…
If the will isn’t accepted, what happens to the estate and who inherits? – North Carolina Short Answer In North Carolina, if the Clerk of Superior Court does not admit a will to probate (or a will is later set aside), the estate is handled as an intestate estate—meaning North Carolina’s “default” inheritance rules control…
What documents and information should I gather before talking to a probate attorney about an out-of-state estate? – North Carolina Short Answer Before speaking with a North Carolina probate attorney about an out-of-state estate, gather the death certificate, any will or trust documents, and proof of who has authority in the other state (letters testamentary/letters…
Can I file something in probate just to confirm my spouse status without taking any money from the estate? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court (Estates) can enter orders in an estate proceeding that address who the heirs are, including whether someone is the surviving spouse, even…
How can we get information from an investment firm about the deceased person’s accounts during an estate process? – North Carolina Short Answer In North Carolina, an investment firm will usually release account details only to the court-appointed personal representative (executor/administrator) after the firm receives proof of death and proof of authority, such as certified…
If my parent told me the farm equipment was gifted to me before death but it isn’t titled, how can I prove ownership and keep it out of the estate? – North Carolina Short Answer In North Carolina, untitled farm equipment can be owned outside the estate if it was truly gifted during the parent’s…
Am I entitled to receive information or documents about the probate case as an heir? – North Carolina Short Answer Often, yes—at least indirectly. In North Carolina, many core probate filings (like the personal representative’s inventory and accountings) are filed with the Clerk of Superior Court and are generally available through the estate file. Also,…
How can I tell if the will we found is legally valid and enforceable? – North Carolina Short Answer In North Carolina, a will is usually valid if it was properly signed and witnessed (an “attested” will) or, in some cases, if it was entirely handwritten and signed by the person who made it (a…
If we sell the vehicles or other property to pay a major creditor, does that reduce the chances they go after the house? – North Carolina Short Answer Sometimes, but not always. In North Carolina probate, creditors generally get paid from estate assets in a priority order, and a personal representative should not “pick” one…
