How do I challenge the administrator closing my father’s joint bank account without notifying heirs? — North Carolina Short Answer In North Carolina, a personal representative (administrator or executor) may lawfully deal with bank accounts to collect and preserve estate assets and to pay claims. Heirs do not get advance notice of each transaction. If…
How can I review or correct missing or incorrect probate filings in my father’s estate? — North Carolina Short Answer In North Carolina, you can review the court’s estate file at the Clerk of Superior Court and ask the personal representative (executor/administrator) to correct errors or omissions. If that does not happen, you may file…
How can I challenge my grandparent’s appointment as estate administrator in North Carolina? Short Answer In North Carolina, you can challenge a proposed appointment before letters are issued by filing a petition with the clerk to contest the issuance of letters. If letters have already been issued to your grandparent, you must petition the clerk…
How do I fix mistakes in the probate paperwork, like the wrong siblings being listed? — North Carolina Short Answer In North Carolina, clerical mistakes (like a misspelled name) are fixed by asking the clerk to correct the record or by a Rule 60(a) motion to correct the order and reissue letters. Substantive errors (like…
What powers does a financial power of attorney grant my agent if I ever become unable to manage my finances? — North Carolina Short Answer In North Carolina, a financial power of attorney (POA) lets you authorize an agent to handle your money and property. It is durable by default—meaning it continues if you become…
How does doing a probate without qualification in North Carolina work to transfer real property title under a will? — North Carolina Short Answer In North Carolina, you can probate a will without appointing a personal representative when there’s no personal property to administer and the main goal is to pass title to real estate…
How do I secure proceeds from a pending wrongful death settlement through the court clerk? — North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) can ask the judge who approves the wrongful death settlement to order the settlement funds be deposited with the Clerk of Superior Court for safekeeping. If…
How can I update my will to create a new document and automatically revoke the old version without filing both with the court? — North Carolina Short Answer In North Carolina, you update your estate plan by signing a new will that clearly states it “revokes all prior wills and codicils.” If you execute the…
What is the process to open my late spouse’s probate estate in North Carolina so I can pursue a Camp Lejeune claim? — North Carolina Short Answer In North Carolina, you must ask the Clerk of Superior Court to appoint you as the estate’s personal representative (executor if there is a will, administrator if there…
Can I challenge the administrator’s claim to ownership in the real property I’m entitled to inherit? — North Carolina Short Answer Yes. In North Carolina, title to a decedent’s real estate vests in the heirs at death (or in devisees once the will is probated, relating back to death), not in the administrator. If an…
