How can I challenge my parent’s role as executor for hiding the original will? – North Carolina Short Answer In North Carolina, any interested heir or beneficiary can petition the Clerk of Superior Court to remove an executor who concealed a will, made false statements to obtain letters, or breached fiduciary duties. You can also…
Can an estate administrator claim funeral expenses from insurance proceeds rather than estate assets? – North Carolina Short Answer In North Carolina, funeral expenses are the estate’s obligation and are generally paid from estate assets in order of priority. Life insurance payable to a named beneficiary is not an estate asset, so the administrator cannot…
What are the chances and steps for a successful will contest given family changes since the will was drafted? – North Carolina Short Answer In North Carolina, marriage or the birth of a child does not automatically revoke an earlier will. A will contest succeeds only if you prove a legal ground such as improper…
Can we contest the outdated will to include the minor child and adjust inheritance shares? – North Carolina Short Answer Yes. In North Carolina, a child born after a will is signed may be entitled to an intestate share even if the will says otherwise, and a surviving spouse can claim an elective share if…
How can I find out if a life insurance policy was assigned to pay the funeral home directly? – North Carolina Short Answer In North Carolina, you confirm a funeral-home assignment by getting two things: (1) the signed assignment and claim paperwork the beneficiary and funeral home submitted, and (2) the insurer’s claim record showing…
What is the process to remove an executor who won’t act for the estate’s beneficiaries? – North Carolina Short Answer In North Carolina, an interested person (such as a spouse or heir) may file a verified petition with the Clerk of Superior Court to revoke an executor’s letters if the executor is disqualified, has defaulted…
How can a wrongful death claim proceed if the executor refuses to file it? – North Carolina Short Answer In North Carolina, only the court‑appointed personal representative (executor or administrator) or a court‑appointed collector can file a wrongful death claim. If the executor refuses, an interested person may ask the Clerk of Superior Court to…
What happens if an heir paid the funeral bill out of pocket and requests reimbursement from the estate? – North Carolina Short Answer In North Carolina, the estate is primarily liable for reasonable funeral expenses. An heir who paid the bill can request reimbursement by filing a timely claim with the personal representative. Up to…
How can a spouse or her child secure a spousal allowance or year’s allowance if they’re not named in the will? – North Carolina Short Answer In North Carolina, a surviving spouse may claim a $60,000 spousal year’s allowance and an eligible child may claim a $5,000 child’s year’s allowance from the decedent’s estate, even…
Can a surviving spouse intervene in a probate case managed by the decedent’s parents? – North Carolina Short Answer Yes. In North Carolina, a surviving spouse is an interested person with the right to file petitions in the estate case before the Clerk of Superior Court. You can ask the clerk to compel a proper…
