How do I challenge unauthorized actions by a co-heir in a probate case? – North Carolina Short Answer In North Carolina, an heir can ask the Clerk of Superior Court to step in through an estate proceeding. If a co-heir is the personal representative and acted improperly, you can seek to revoke their letters. If…
Can I handle all probate proceedings from North Carolina without traveling to another state? – North Carolina Short Answer Often, yes for the North Carolina piece. If a nonresident decedent owned North Carolina assets (like real property), you can open an ancillary estate here and handle most steps by mail with help from local counsel,…
How do I prove breach of fiduciary duty by an executor after the estate has been closed? – North Carolina Short Answer In North Carolina, you prove a former executor’s breach by filing a civil lawsuit in Superior Court and showing: (1) the executor owed fiduciary duties, (2) the executor breached those duties, and (3)…
How can I challenge my sibling’s unauthorized use of power of attorney in the probate case? – North Carolina Short Answer In North Carolina, you can petition the Clerk of Superior Court to compel the agent (your sibling) to account for all transactions and to return assets taken under a power of attorney. If you…
How do I file a creditor claim against my former spouse’s probate estate to collect on my family law judgment? – North Carolina Short Answer In North Carolina, you file a written creditor claim in the probate estate by delivering it to the personal representative (executor/administrator) or the Clerk of Superior Court where the estate…
Should I file my judgment claim with the court or serve it on the executor? – North Carolina Short Answer In North Carolina, if your claim is against the decedent, you can present it by either delivering a written claim to the personal representative (executor) or filing it with the Clerk of Superior Court where…
How can I challenge a power of attorney if I suspect the agent caused my parent’s overdose? – North Carolina Short Answer In North Carolina, you challenge suspected abuse by a power-of-attorney (POA) agent in two tracks: (1) ask the Clerk of Superior Court to order the former agent to account and turn over records,…
What proof do I need to show a medical agent misused their authority? – North Carolina Short Answer In North Carolina, you must show what the health care power of attorney allowed, what the agent actually did, and reliable medical proof that the agent’s actions violated the principal’s wishes or legal limits and caused harm.…
What legal actions are available for wrongful conduct by an executor or agent? – North Carolina Short Answer In North Carolina, an interested person can ask the Clerk of Superior Court to remove or suspend a personal representative (executor/administrator), compel inventories and accounts, and order recovery of estate property. Monetary claims (for example, breach of…
Can I contest a will if a stepparent disinherited me? – North Carolina Short Answer Yes. In North Carolina, a child disinherited by a stepparent can contest a will by filing a “caveat” if they have a direct financial stake in the outcome and they act within the required timeframe. Generally, you have up to…
