Can the court appoint a public administrator to take over my parent’s estate instead of a family member? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court (acting as the probate judge) can appoint someone other than a family member to administer an estate when the current administrator is removed,…
How can I file an undue hardship waiver for Medicaid estate recovery? – North Carolina Short Answer In North Carolina, an undue hardship waiver for Medicaid estate recovery is a written request to the North Carolina Department of Health and Human Services to waive all or part of its estate recovery claim because recovery would…
How can I sell a probate property that has a mortgage and multiple liens? – North Carolina Short Answer In North Carolina, a personal representative (administrator or executor) usually cannot sell probate real estate simply because the estate has debts. Instead, the personal representative typically must file a special proceeding with the Clerk of Superior…
How do I resolve a dispute with a health care provider over estate-related medical bills? – North Carolina Short Answer In North Carolina, a health care provider will usually only discuss or adjust a deceased patient’s account with the court-appointed estate representative (the “personal representative”) who can prove authority with court-issued Letters Testamentary or Letters…
What should I prepare for civil litigation over an inheritance dispute? – North Carolina Short Answer In North Carolina, preparation for civil litigation over an inheritance dispute usually means getting court-ready proof of (1) who the legal heirs are under intestate succession and (2) what property belongs to the estate and who currently controls it.…
Can I recover losses from unlawful seizures of property and bank funds in contested probate? – North Carolina Short Answer Sometimes. In North Carolina, recovery usually depends on (1) proving the property or funds belonged to the decedent (or the estate) and (2) using the right probate or civil procedure to force a return, an…
What steps do I take to be appointed to handle the estate if I can’t find a will? – North Carolina Short Answer In North Carolina, when no will can be found, a family member usually asks the Clerk of Superior Court in the county where the person lived to appoint an administrator (the court-approved…
Can an administrator access and use joint or POD accounts to satisfy estate debts? – North Carolina Short Answer In North Carolina, joint accounts with right of survivorship and payable-on-death (POD) accounts usually pass outside probate to the surviving co-owner or named beneficiary, so an administrator generally cannot simply take control of those accounts to…
How can I confirm whether I was legally named to inherit the home and stop a deed transfer my sibling filed without my knowledge? – North Carolina Short Answer In North Carolina, confirming whether someone was legally named to inherit a home usually starts with checking the estate file with the Clerk of Superior Court…
How can I open an estate and get legal authority to access my sibling’s bank account when I live out of state? – North Carolina Short Answer In North Carolina, a bank usually will not release a deceased person’s solely owned account until a personal representative is appointed by the Clerk of Superior Court and…
