What risks are there if I sign a listing agreement before I receive documents showing I can act for the estate? – North Carolina Short Answer Under North Carolina law, a person who has not yet been formally appointed to act for an estate usually has no legal authority to sign a binding listing agreement…
Do valuable antiques or personal items listed in the will trigger full probate rather than a small‑estate process, and who sets their value? – North Carolina Short Answer In North Carolina, valuable antiques and personal items do not automatically force an estate into full probate, but their fair market value counts toward the dollar limits…
Does a will exercising a testamentary power of appointment still require probate if the decedent owned little or nothing personally? – North Carolina Short Answer Under North Carolina law, a will generally must be probated for it to be effective to pass title to property, including when it exercises a testamentary power of appointment over…
Can a relative pay directly or can we split the payment between us? – North Carolina Short Answer Under North Carolina probate law, the clerk of superior court mainly cares that required court costs and fees are paid in full and on time, not who writes the check. A relative may usually pay probate costs…
What documents will a brokerage require to process a beneficiary claim? – North Carolina Short Answer In North Carolina, a brokerage typically requires proof of the account owner’s death, proof of the beneficiary’s identity, and proof of the beneficiary’s legal status or authority. That often means a certified death certificate, the brokerage’s beneficiary or claims…
How can I force the executor to file the will and open probate? – North Carolina Short Answer Under North Carolina law, the person holding the original will has a legal duty to deliver it for probate, and any interested person may start an estate if the named executor refuses or delays. If the spouse…
What can I do if I believe the executor lacks capacity or is being influenced, and can I challenge a spousal allowance? – North Carolina Short Answer Under North Carolina law, an interested person may ask the clerk of superior court to remove or refuse to appoint an executor who lacks capacity or is not…
When can I reimburse myself from the estate account for funeral expenses, and do I need to wait until the creditor notice period ends? – North Carolina Short Answer Under North Carolina probate law, reasonable funeral expenses are a high-priority estate claim, and an executor who advanced those costs can usually reimburse personal funds from…
How do I recover unclaimed funds and handle it if the check was sent to a relative, and can that help show ownership of other assets? – North Carolina Short Answer In North Carolina, a duly appointed personal representative can generally recover unclaimed funds belonging to a decedent or the estate by filing a claim…
What documents will a court accept to link my grandparent’s prior business to properties and income acquired later? – North Carolina Short Answer In North Carolina probate cases, a court or the clerk of superior court generally looks for a paper trail that connects the grandparent’s old business interest to later-acquired property or income. Typical…
