What documents are typically required to prove someone has authority to act for an estate when dealing with an employer? – North Carolina Short Answer In North Carolina, an employer will usually require proof that a person has been officially appointed to act for the estate. The most common proof is a certified copy of…
If a lender already foreclosed on a home and took the property, can they still file a claim against the estate for the remaining balance? – North Carolina Short Answer Yes—sometimes. In North Carolina, a foreclosure does not automatically erase the underlying promissory note, so a lender may still try to assert a “deficiency” claim…
Can I update and finalize the estate inventory if some assets are out of state and I’m still tracking them down? – North Carolina Short Answer Yes. In North Carolina, the estate representative can usually file the required inventory on time using the best information available, and then update it if additional assets are found…
What can I file to require someone to produce the original of a newer will they are holding? – North Carolina Short Answer In North Carolina, the most common way to force the issue of a “newer will” when an estate is moving forward under an older will is to file a caveat in the…
What documents do I need to file to get access to the deceased person’s bank account and distribute the funds to the heirs? – North Carolina Short Answer In North Carolina, the documents depend on whether the bank account can be handled through the small-estate “collection by affidavit” process or whether a full estate must…
How should I respond if another interested party keeps reaching out while the family’s contact information is still being confirmed? – North Carolina Short Answer In North Carolina probate matters, the safest response is a short, neutral update: the matter is being reviewed and contact information for the family is still being confirmed, so no…
Who is the right person to speak with about a deceased person’s estate? – North Carolina Short Answer In North Carolina, the right person to speak with about a deceased person’s estate is usually the court-appointed personal representative (the executor if there is a will, or the administrator if there is no will). That person’s…
How can my siblings and I decide whether it’s worth taking legal action in a long-running estate matter? – North Carolina Short Answer In North Carolina, deciding whether to take legal action in a long-running estate usually comes down to three questions: (1) is the personal representative meeting required duties like filing proper accountings, (2)…
What happens if a family member claimed I was dead and collected my inheritance from a grandparent’s estate? – North Carolina Short Answer In North Carolina, if someone falsely claimed an heir was dead and collected that heir’s share from a grandparent’s estate, the payment may be treated as a wrongful distribution. The usual remedies…
Do I have to go to the courthouse in person for probate, or can everything be filed online? – North Carolina Short Answer In North Carolina, most probate work is handled through the Clerk of Superior Court (Estates Division), and many documents can often be submitted without repeated courthouse trips. But probate is not always…
