How should I document and value household items for the court inventory, and should I separate undisputed, disputed, and joint items? – North Carolina Short Answer In North Carolina, the personal representative should list household items that are part of the probate estate at their fair market value as of the date of death and…
Can I be appointed to handle the estate if other relatives disagree? – North Carolina Short Answer Yes. In North Carolina, the person who “handles the estate” (the personal representative) is appointed by the Clerk of Superior Court, not by family vote. If the estate has a will, the clerk usually appoints the executor named…
How do I request a certified copy of an existing probate file, and who is allowed to obtain it? – North Carolina Short Answer In North Carolina, probate files kept by the Clerk of Superior Court are generally public records once a will or estate file is opened, so any person can usually inspect the…
What can I legally say or do if the estranged spouse keeps demanding access to the house, vehicles, or bank accounts before the estate is opened? – North Carolina Short Answer In North Carolina, before an estate is opened and a personal representative is appointed, no family member has legal authority to hand over, sell,…
Can real estate in one jurisdiction be addressed in a probate handled in another, and how do I protect my share if the surviving spouse is living in the home? – North Carolina Short Answer Usually not in a way that changes title. Under North Carolina practice, real estate is governed by the law and…
Can we close the estate to avoid another tax year while the court is still reviewing the final accounting, for example by holding a small reserve in trust? – North Carolina Short Answer In North Carolina, an estate generally cannot be “closed” in the Clerk of Superior Court while the final account is still pending…
How do I unwind transfers the neighbor made using a power of attorney and recover property for the estate? – North Carolina Short Answer In North Carolina, transfers made under a power of attorney can often be unwound if the agent exceeded the authority granted in the document or breached fiduciary duties by using the…
What documents do plan administrators typically require before releasing account details or paying benefits after someone dies? – North Carolina Short Answer In North Carolina, plan administrators (like 401(k) and pension plan administrators) usually require proof of death and proof that the person requesting information or payment has legal authority or is the named beneficiary.…
What options do I have to move the case forward if appraisal delays are causing me hardship? – North Carolina Short Answer In North Carolina estate administration, appraisal delays usually get addressed by pushing the personal representative to file a timely inventory and, if needed, asking the Clerk of Superior Court for an order that…
What documents and information does a brokerage usually require to transfer a decedent’s investment account into an estate account? – North Carolina Short Answer In North Carolina, a brokerage usually pauses a transfer until it can confirm (1) the account owner’s death, (2) who has legal authority to act for the estate, and (3) the…
