Can a power of attorney transfer the decedent’s primary residence to themself before death, and how do I challenge that deed if it kept the property out of probate? – North Carolina Short Answer In North Carolina, an agent acting under a power of attorney (POA) generally cannot deed the principal’s house to themself as…
If a creditor says there are other balances, can they still collect if they didn’t file a claim before the deadline? – North Carolina Short Answer Usually not. In North Carolina probate, most debts the decedent owed before death are barred if the creditor does not properly present a written claim by the deadline stated…
How do I find out who the beneficiary is on a work life insurance policy and what should I do if the benefits company has the wrong mailing address? – North Carolina Short Answer In North Carolina, the fastest way to learn who is listed as beneficiary on an employer-provided (work) life insurance policy is…
What kind of evidence is most helpful to prove the person who changed the will took advantage of mental decline? – North Carolina Short Answer In North Carolina, the most helpful evidence usually shows two things at the same time: (1) the parent had mental weakness or declining capacity around the date the new will…
What are my options if I don’t want to press charges but I still want the estate handled fairly? – North Carolina Short Answer In North Carolina, it is possible to pursue a fair probate outcome without pushing for criminal charges. Common options include raising concerns with the Clerk of Superior Court in the estate…
How are stocks or investment accounts handled in probate—do they get split into separate accounts for heirs, or do they have to be sold to pay debts? – North Carolina Short Answer In North Carolina probate, stocks and investment accounts that are part of the estate do not automatically have to be sold. The estate…
How do I prove I’m the deceased parent’s child if another sibling is challenging it in court? – North Carolina Short Answer In North Carolina intestate estates, the court (through the Clerk of Superior Court) can require proof of parent-child status before treating someone as an heir. Proof often starts with documents (birth certificate, prior…
Can the executor make an early distribution of a vehicle before the creditor period ends, and what are the risks if a creditor shows up later? – North Carolina Short Answer In North Carolina, an executor (personal representative) can sometimes make an early, partial distribution of estate property—like a vehicle—before the creditor notice period ends,…
Can I challenge a deed that was recorded if my parent never actually signed it? – North Carolina Short Answer Yes. In North Carolina, if a deed was recorded but the grantor (the parent) never actually signed it, the deed may be invalid and can often be challenged in court to clear the title. The…
Can I keep making loan payments and still lose the car to the deceased owner’s heirs after the loan is paid off? – North Carolina Short Answer Yes. In North Carolina, if the vehicle title is only in the deceased owner’s name, the car is generally treated as part of the deceased owner’s probate estate—even…
