Does a late inventory filing give me legal grounds to remove the administrator? – North Carolina Short Answer Yes—under North Carolina law, an administrator’s failure to timely file the required estate inventory can support removal, but removal is not automatic. The Clerk of Superior Court typically first uses a “notice/order to file” and then a…
How do I confirm that Medicaid received our waiver submission? – North Carolina Short Answer In North Carolina, the most reliable way to confirm that Medicaid received an undue hardship waiver submission is to use a delivery method that creates a time-stamped record (such as a fax transmission confirmation, an email “sent” record plus a…
Can I force an accounting from the person who managed my parent’s finances and require them to disclose insurance policies, bank accounts, and property? – North Carolina Short Answer Yes—under North Carolina law, the right way to “force an accounting” depends on the person’s role. If the sibling acted under a power of attorney, the…
How do I interpret the will’s terms on selling estate vehicles and distributing them? – North Carolina Short Answer In North Carolina, the will’s wording controls who gets an estate vehicle (or the sale proceeds) and when a personal representative may sell instead of distribute. If the will specifically gives a particular vehicle to a…
Can I transfer the vehicle to my other parent even if they were divorced from the deceased? – North Carolina Short Answer Usually not just because that parent is the “other parent.” In North Carolina, a vehicle titled only in the deceased parent’s name can be transferred only by someone with legal authority (a court-appointed…
What paperwork do I need to transfer inheritance from my grandparent’s estate into my parent’s probate estate? – North Carolina Short Answer In North Carolina, when a beneficiary of a grandparent’s estate has died and the inheritance must be paid to that beneficiary’s probate estate, the receiving estate usually needs (1) a certified copy of…
Can I use proceeds from selling my parent’s house to fund specific cash gifts in the will? – North Carolina Short Answer In North Carolina, estate funds can be used to pay the will’s specific cash gifts, and that can include money raised by selling the decedent’s house if a sale is properly authorized and…
What do my siblings need to do to step aside and waive a bond so I can serve as executor? – North Carolina Short Answer In North Carolina, siblings who have an equal or higher right to serve as personal representative (executor/administrator) generally must sign a written renunciation and file it with the Clerk of…
What happens if the only comparables I can find are from online listings—will the court accept those, and what documentation should I provide? – North Carolina Short Answer In North Carolina estate administration, the Clerk of Superior Court generally expects the estate’s inventory to list fair market value as of the date of death, with…
How do I respond if I receive an order to file on an estate case? – North Carolina Short Answer In North Carolina, an “order to file” in an estate case usually comes from the Clerk of Superior Court (acting as the probate judge) and directs the personal representative (executor/administrator) to file a missing or…
