What steps do I take to obtain or review the bylaws and corporate records of a private family corporation? – North Carolina Short Answer In North Carolina, any shareholder—including a court‑appointed personal representative holding the decedent’s shares—may demand to inspect corporate records. Send a written demand with at least five business days’ notice identifying the…
Can a simple paper document without proper shareholder approval override a decedent’s will of corporate shares? – North Carolina Short Answer Usually no. In North Carolina, corporate shares pass under the will unless there was a valid lifetime transfer or a valid transfer-on-death registration. A plain paper “transfer” does not defeat a will unless the…
How can I confirm whether a share transfer document for my parent’s inherited business interest is legally valid? – North Carolina Short Answer In North Carolina, a transfer of corporate shares is generally valid only if the corporation (or its transfer agent) properly registers the transfer based on required documentation and any lawful transfer restrictions.…
How do I challenge an alleged transfer of estate assets if required procedural approvals weren’t followed? – North Carolina Short Answer In North Carolina, the personal representative (or any interested person) can file an estate proceeding with the Clerk of Superior Court to examine the person holding the asset and ask for an order returning…
Can I challenge a denial based solely on an incorrect marriage listing on the death certificate? – North Carolina Short Answer Yes. In North Carolina, the marital status shown on a death certificate is not conclusive. You can submit contrary proof to the benefit payer, request an amendment to the death certificate through North Carolina…
What happens if a benefits provider denies my claim because of a marital status error? – North Carolina Short Answer In North Carolina, if a benefits provider denies a claim because a death certificate wrongly lists the decedent as “married,” you can challenge the denial by submitting proof the decedent was not married, asking Vital…
How do I allocate or recover land expenses and utility costs from the estate? – North Carolina Short Answer In North Carolina, ongoing land expenses and utilities after death usually belong to the heirs or co‑tenants because real property vests in them at death. The estate may pay and recover only those costs that are…
How do I get the clerk’s office to approve my own accounting without opening a full probate case? – North Carolina Short Answer In North Carolina, the clerk generally does not “approve” a personal accounting unless there is a formal estate with a personal representative filing an account. To avoid full probate, you can use…
Can I list the funds I distributed as administrative expenses to avoid formal probate for heirs? – North Carolina Short Answer No. In North Carolina, you cannot reclassify beneficiary distributions as “administrative expenses.” Administrative and attorney fees must be necessary, reasonable, and approved by the Clerk of Superior Court. The clerk audits your accounting and…
How can I confirm the exact fractional interest held in land as tenants in common? – North Carolina Short Answer In North Carolina, start with the recorded deed and the chain of title. The deed controls the fractional shares; if it is silent about percentages, co-owners are generally treated as holding equal undivided interests. At…
