How do I transfer a house from a deceased parent’s trust into my name, and do I need my sibling’s consent if we’re both beneficiaries? – North Carolina Short Answer In North Carolina, a house held in a deceased parent’s revocable living trust is usually transferred by the successor trustee signing and recording a deed…
Can the personal representative or a family member handle the real estate sale instead of a court-appointed commissioner? – North Carolina Short Answer Yes, in many North Carolina estate sale proceedings the Clerk of Superior Court can authorize the personal representative (executor/administrator) to conduct the sale instead of appointing a separate commissioner. A family member…
How do I close an estate and get officially released from my responsibilities as the personal representative? – North Carolina Short Answer In North Carolina, a personal representative is typically released by filing a proper Final Account (final accounting) with the Clerk of Superior Court, showing that estate debts and expenses were handled and the…
If someone says a deceased relative left them a house, does there have to be a written will for that to be true? – North Carolina Short Answer Usually, yes. In North Carolina, a house (real estate) generally passes to someone through a valid written will (or other written ownership documents), not just a verbal…
Can long-term tenants claim ownership of a rental house after the owner dies if they were told the house would be left to them? – North Carolina Short Answer Usually, no. In North Carolina, a tenant does not become the owner of a rental house just because the tenant lived there for many years and…
How do I challenge family members who took money from my parent before they died? – North Carolina Short Answer In North Carolina, challenging money taken from a parent before death usually means bringing a claim to pull those assets back into the estate (or to recover them for the estate) based on theories like…
How can I recover family assets if I believe other relatives are trying to keep me from accessing what I’m entitled to? – North Carolina Short Answer In North Carolina, recovering “family assets” usually turns on who legally owns the asset and who has authority to collect it. If the asset is part of a…
What happens if the estate was opened in the wrong county or the death certificate lists the wrong address? – North Carolina Short Answer In North Carolina, an estate is usually opened with the Clerk of Superior Court in the county where the decedent was domiciled (legal resident) at death. If an estate is opened…
Can we prevent a relative who had power of attorney from being involved in the estate administration if we don’t trust them? – North Carolina Short Answer Yes—under North Carolina law, a former power of attorney agent does not automatically get a role in estate administration after death. The Clerk of Superior Court appoints an…
Who is authorized to request a deceased person’s stock account information during probate? – North Carolina Short Answer In North Carolina probate, the person authorized to request a deceased person’s stock account statements and records is the court-appointed personal representative (the executor named in a will or the administrator appointed in an intestate estate). A…
