What are my inheritance rights when a parent dies without a will? – North Carolina Short Answer In North Carolina, when a parent dies without a will, property passes under the Intestate Succession Act. If a spouse and children survive, the spouse takes a set portion and the children share the rest; for real estate,…
How can I petition to become administrator of my father’s estate if the will is hidden? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to force the person holding the will to produce it, or, if the original cannot be found, you can petition to probate a…
Can I use probate to get access to my parents’ joint accounts and financial records? – North Carolina Short Answer Yes, with limits. In North Carolina, once you are appointed by the Clerk of Superior Court and issued Letters, you can request the decedent’s bank records, investigate assets, and use estate proceedings to examine anyone…
What can I do when a power of attorney holder is concealing estate assets? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to: (1) order the power of attorney (POA) agent to provide a full accounting and, if needed, suspend or limit the agent; (2) compel production…
How can I challenge a will that was changed while my parent was in assisted living care? – North Carolina Short Answer In North Carolina, you challenge a will by filing a caveat with the Clerk of Superior Court in the county where the will was probated. You must have an interest in the estate…
Can I force the personal representative to provide me with a copy of the updated will? – North Carolina Short Answer In North Carolina, you usually don’t need to force the personal representative to hand over the will. Once a will is admitted to probate, it is a public record kept by the Clerk of…
What evidence do I need to prove undue influence and breach of fiduciary duty by a caregiver? – North Carolina Short Answer In North Carolina, you prove undue influence with evidence that the caregiver took advantage of a vulnerable parent, had the chance and motive to pressure them, actively helped create the deed or will,…
Is it possible to reverse a property transfer made under questionable circumstances? – North Carolina Short Answer Yes. In North Carolina, you can challenge a deed signed under undue influence, fraud, or lack of capacity in Superior Court, and you can contest a suspicious will through a “caveat” filed with the Clerk of Superior Court.…
How do I pursue my share of real estate and retirement assets that have been withheld? – North Carolina Short Answer In North Carolina, you can challenge a will and force transparency from a personal representative. File a will caveat if you believe a later will is invalid, and ask the Clerk of Superior Court…
What options do I have if my siblings misused estate assets to qualify for medical assistance? – North Carolina Short Answer In North Carolina, you can apply to be the estate’s administrator and use the court’s tools to investigate and recover assets. The Clerk of Superior Court decides who serves when siblings have equal priority…
