If my parent left everything to a surviving spouse, do I still have any right to property or sale proceeds after the surviving spouse dies? – NC Short Answer Usually, no. In North Carolina, if a valid will left all property to the surviving spouse, the children generally do not inherit that property from the…
What happens if property is still in a deceased parent’s name when the surviving spouse’s children try to sell it? – NC Short Answer In North Carolina, the surviving spouse’s children usually cannot give clear title to real property that is still in the deceased parent’s name unless the parent’s estate was properly handled first.…
Can a handwritten will be valid if someone else wrote it and the deceased only signed it? – NC Short Answer Usually no, if the will is being offered as a North Carolina holographic will. In North Carolina, a holographic will must be written entirely in the testator’s own handwriting and signed by the testator.…
Should I sign paperwork removing me as executor if I do not understand why it was sent? – NC Short Answer No. Under North Carolina law, a person named as executor does not have to sign papers stepping aside without first understanding what the papers do and how they affect the estate. If the document…
What happens if someone says personal property at a deceased person’s home belongs to them and not the estate? – NC Short Answer In North Carolina, personal property found at a deceased person’s home is not automatically estate property just because it is there, but the estate does not have to give it up based…
How do disputes over personal property get resolved during estate administration? – NC Short Answer In North Carolina, a dispute over tools, a vehicle, or other personal property during estate administration usually turns on one basic question: did the item belong to the decedent, or did it belong to someone else? The executor must gather…
Can a vehicle kept at a deceased person’s home still belong to someone else if it is titled in that person’s name? – NC Short Answer Yes. In North Carolina, a vehicle title in the deceased person’s name is strong evidence of ownership, but it is not always the last word. The estate usually treats…
Does a surviving spouse who inherits everything under a will also control access to property that may belong to someone else? – NC Short Answer No. In North Carolina, a surviving spouse who inherits the estate under a will does not automatically gain control over property that never belonged to the decedent in the first…
How can I get back my tools or vehicle from a deceased person’s property if the executor will not let me collect them? – NC Short Answer In North Carolina, an executor does not get to keep property that actually belongs to someone else just because it is sitting at the deceased person’s home. If…
How can I open a small estate for my child if I live out of state? – NC Short Answer In North Carolina, a parent who lives outside the state can often handle a child’s small estate through a collection by affidavit instead of a full estate administration, as long as the probate personal property…
