Can the estate or other heirs remove me from a home that belonged to the deceased while probate is still pending? – North Carolina Short Answer In North Carolina, other heirs usually cannot simply “kick someone out” of a deceased person’s home while probate is pending. If the person in the home will not leave…
Who can file a year’s allowance on behalf of a child, and what documents are required? – North Carolina Short Answer In North Carolina, a child’s year’s allowance must be claimed during the child’s lifetime by the person who has legal priority to file for the child—usually the child’s guardian, then a surviving parent (if…
How do I confirm the court received all required schedules, receipts, and notices with the final accounting? – North Carolina Short Answer In North Carolina probate, the best way to confirm the court received everything that must accompany a final account is to confirm what is actually in the estate file maintained by the Clerk…
Who is responsible for paying outstanding medical bills after someone dies, and how are those payments approved and issued from the estate? – North Carolina Short Answer In North Carolina, outstanding medical bills are generally paid from the deceased person’s estate—not automatically by family members—so long as the bill is a valid creditor claim and…
How do I confirm if the alternate trustee will serve or if I need to appoint someone else to administer the testamentary trust? – North Carolina Short Answer In North Carolina, an alternate trustee serves only after the alternate trustee accepts the trusteeship. Acceptance usually happens by signing an acceptance document if the will or…
How does a family home co-owned with a former spouse transfer after death, and can I force a sale or partition? – North Carolina Short Answer In North Carolina, a family home co-owned with a former spouse may transfer outside probate (for example, if the deed created a survivorship form of ownership), or it may…
What steps do I need to take to prove a deed was signed under incapacity or coercion? – North Carolina Short Answer In North Carolina, challenging a deed signed near the end of life usually means filing (or continuing) a Superior Court case asking the judge to set the deed aside and recording a notice…
What steps do I take as successor trustee to recover assets wrongfully withdrawn by a power of attorney? – North Carolina Short Answer In North Carolina, a successor trustee usually cannot recover a deceased person’s individually titled assets (like a bank account or annuity still in the person’s name) until a personal representative is appointed…
What happens to creditor claims if I wait the full notice period before selling the property? – North Carolina Short Answer In North Carolina, waiting until the estate’s creditor-notice claim period runs can reduce the risk that unknown unsecured creditors can later demand payment from sale proceeds. But the creditor-notice deadline does not wipe out…
What can I do if family members refuse me access to retrieve the original will? – North Carolina Short Answer In North Carolina, the will is supposed to be produced for probate, and the Clerk of Superior Court has procedures to compel someone who has the will to bring it to court. If the original…
