How can I file a year’s allowance claim to protect my surviving parent’s assets from stepparent debts? – North Carolina Short Answer In North Carolina, a surviving spouse can file a year’s allowance claim with the Clerk of Superior Court to have up to $60,000 in the decedent’s personal property set aside for support, and…
What proof do I need to show the court that this stepchild has no right to inherit? – North Carolina Short Answer In North Carolina, a stepchild generally does not inherit from a stepparent who dies without a will unless the stepchild was legally adopted by the decedent or can prove some other legal parent-child…
Can I require written requests or court documents before releasing estate information to outside agencies? – North Carolina Short Answer Yes. In North Carolina, it is reasonable to require a written request and proof of authority before sharing nonpublic estate information with an outside agency. In many situations, the right documents are the personal representative’s…
How do I open an estate when my parent left a will and a trust, and I’m named executor but some assets like cars and retirement accounts weren’t clearly moved into the trust? – North Carolina Short Answer In North Carolina, an estate is usually opened by taking the original will to the Clerk of…
Can a creditor come after me personally if the estate denies the claim? – North Carolina Short Answer Usually, no. In North Carolina, a creditor’s claim is generally against the decedent’s estate, not against the personal representative personally, as long as the personal representative administers the estate in good faith and follows the claims process.…
Can I serve as administrator of my mother’s estate if I live out of state? – North Carolina Short Answer Yes, in many North Carolina estates an adult child can serve as administrator even if the child lives out of state. However, the Clerk of Superior Court (the probate court in North Carolina) may require…
What paperwork must I file to open the estate? – North Carolina Short Answer In North Carolina, opening an estate usually means qualifying a personal representative (executor) with the Clerk of Superior Court in the county where the person who died lived. The core paperwork is an application to probate the will and issue letters,…
Can I request an itemized statement or try to negotiate an EMS claim that seems high? – North Carolina Short Answer Yes. In North Carolina estate administration, a personal representative can ask a county EMS provider for an itemized statement and supporting documentation before paying a creditor claim, and can also try to resolve or…
How can I renounce my role as executor and formally appoint my sibling instead? – North Carolina Short Answer In North Carolina, a person named as executor can usually step aside by signing and filing a written renunciation with the Clerk of Superior Court in the county where the estate is opened. If the will…
How can I get court-acceptable valuations for a large number of estate vehicles so we can move forward with sales? – North Carolina Short Answer In North Carolina, “court-acceptable” vehicle values usually mean fair market value as of the decedent’s date of death, supported by reliable documentation and presented in the estate inventory and any…
