Can I stop APS from investigating if allegations are baseless and I haven’t been notified? – North Carolina Short Answer No. In North Carolina, once someone reports suspected abuse, neglect, or exploitation of a disabled adult, Adult Protective Services (APS) must evaluate the report. You and your parent may decline services unless a court orders…
What legal options are available if I wasn’t served any guardianship papers before the hearing? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to continue (postpone) the guardianship hearing or to limit any interim order if you did not receive proper notice and service. The law generally…
How do I prevent the court from appointing a temporary guardian against my mother’s wishes? – North Carolina Short Answer In North Carolina, a court can appoint a temporary (called “interim”) guardian only if there is reasonable cause to believe your mother is incompetent, there is an immediate risk of harm to her person or…
How can I get court approval to sell a house inherited by my minor child in North Carolina? – North Carolina Short Answer In North Carolina, a guardian of the estate must file a petition with the Clerk of Superior Court to sell a minor’s real estate and show the sale is necessary or will…
What is required to petition the court and appoint a guardian ad litem for a minor’s property sale? – North Carolina Short Answer In North Carolina, a minor’s real estate interest cannot be sold without court approval. The child’s general guardian or guardian of the estate files a special proceeding with the Clerk of Superior…
What documents and forms must be included in a petition to authorize the sale of a minor’s property? – North Carolina Short Answer In North Carolina, a guardian of the estate must file a verified petition with the Clerk of Superior Court seeking an order to sell the minor’s real property. The petition should include…
What steps can I take to prevent an administrator from selling estate property before probate is complete? – North Carolina Short Answer In North Carolina, an administrator generally cannot sell estate real estate without either a probated will that grants sale authority or a court order in a special proceeding. To prevent a premature sale,…
Can I use a filed copy of [DECEDENT]’s will to open probate if the original is unavailable? – North Carolina Short Answer Yes—North Carolina allows the Clerk of Superior Court to admit a copy of a will if you prove a “lost or destroyed will” by clear, strong, and convincing evidence. You must show the…
What happens if the original will remains missing and the copy is disputed? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to compel anyone holding the original will to produce it. If the original cannot be found, a copy may be probated as a “lost will,” but…
How can I compel the administrator to produce the original will before any property sales? – North Carolina Short Answer In North Carolina, you can file an application by affidavit with the Clerk of Superior Court to require the person holding the will to produce the original. The Clerk issues a summons ordering production by…
