Can I probate a copy of a will when the custodian won’t produce the original? – North Carolina Short Answer Yes. In North Carolina, you must first ask the Clerk of Superior Court to compel the person holding the will to produce it. If the original cannot be produced after a diligent search, you can…
How can I force someone to turn over my loved one’s original will at a probate hearing? – North Carolina Short Answer In North Carolina, you file an application by affidavit asking the Clerk of Superior Court to order the person holding the will to produce it. The clerk issues a summons directing that person…
How do I prove a will was validly executed when someone contradicts their earlier statements? – North Carolina Short Answer In North Carolina, you prove a will’s valid execution before the Clerk of Superior Court by showing it met the witness and signature requirements and by supplying the proper proof (self‑proving affidavit or witness/handwriting affidavits).…
What happens if the person with custody of the will is hospitalized and misses the hearing? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can continue (reschedule) a will‑production hearing for good cause, including hospitalization. The custodian must still comply with the summons by either producing the original will or…
What steps can I take to stop a property tax foreclosure? – North Carolina Short Answer In North Carolina, you can stop a property tax foreclosure by paying the full payoff (all delinquent taxes, interest, penalties, and foreclosure costs) before the sale is confirmed by the court. If a sale has not occurred, tendering the…
How can I transfer the inherited house title into my name through probate? – North Carolina Short Answer In North Carolina, title to a decedent’s house vests in the heirs at death (or in the devisees once a will is probated). To make the title marketable, you typically open an estate with the Clerk of…
How quickly must I act in probate court to protect my house from foreclosure? – North Carolina Short Answer Immediately. Opening an estate in North Carolina does not automatically pause a county tax foreclosure. You should quickly qualify as the personal representative with the Clerk of Superior Court and contact the county tax office or…
What legal options are available to challenge a property tax foreclosure notice? – North Carolina Short Answer In North Carolina, you can stop a property tax foreclosure by paying all delinquent taxes, interest, penalties, and costs before the sale, or by intervening in the case to seek a stay and raise legal defenses. Common defenses…
How long does a county EMS provider have to respond to an estate’s records request? – North Carolina Short Answer In North Carolina, a county EMS that is a HIPAA-covered provider must provide a decedent’s medical and billing records to the estate’s personal representative within 30 days of receiving a proper request. The agency may…
Are there fees I need to pay to obtain EMS treatment and billing records for estate administration? – North Carolina Short Answer Yes. In North Carolina, county EMS providers may charge standard medical-record copy fees for EMS patient care reports and itemized billing, even when they send them by email. These charges are typically treated…
