Would filing for bankruptcy help me delay the foreclosure sale of my inherited property? – North Carolina Short Answer Usually, no. In North Carolina, an estate cannot file bankruptcy, and an heir’s personal bankruptcy is an uncertain way to pause a county tax foreclosure. The more reliable path is to qualify as the estate’s personal…
How do I find or recover missing estate assets when no executor was appointed? – North Carolina Short Answer In North Carolina, an heir or other interested person can petition the Clerk of Superior Court to be appointed as the estate’s personal representative (administrator). Once appointed, the administrator can use court tools to locate and…
How can I stop a tax foreclosure on my inherited home while handling probate? – North Carolina Short Answer In North Carolina, the most direct way to stop a property tax foreclosure is to pay all delinquent taxes, interest, and the foreclosing attorney’s costs before the court confirms the sale. If you don’t have cash…
Can I inherit my parent’s entire estate as the only living heir if there is no will? – North Carolina Short Answer Yes—under North Carolina’s intestacy rules, if your parent dies without a valid will, has no surviving spouse, and you are the only surviving child, you inherit the entire probate estate after debts and…
How can I locate my parent’s original will when my niece holds power of attorney? – North Carolina Short Answer In North Carolina, a living person’s will is private. Before death, only your parent (or an authorized agent) may inspect a will deposited with the Clerk; if your parent is incompetent, the Clerk typically will…
What happens if a will can’t be found after someone dies in North Carolina? – North Carolina Short Answer If the original will can’t be located in North Carolina, the law presumes it was revoked if it was last in the decedent’s possession. That presumption can be overcome, and a copy may be probated, but…
How do I request a will from the court clerk in North Carolina? – North Carolina Short Answer In North Carolina, you cannot get a living person’s will from the Clerk unless the testator deposited it for safekeeping and personally authorizes access; if the testator is incompetent, the Clerk generally will not release it to…
What rights do I have regarding estate assets when the power of attorney is held by someone else? – North Carolina Short Answer In North Carolina, while your mother is alive, her assets belong to her—not to future heirs—and her financial agent under a power of attorney (POA) must manage them for her benefit. You…
How do I protect my beneficiary rights to a life insurance policy when someone else is collecting proceeds? – North Carolina Short Answer In North Carolina, life insurance pays to the named beneficiary on the policy, not under the will or through probate. To protect your rights, file your claim with the insurer immediately, notify…
How can I compel a relative to file my grandparent’s complete will with the court? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to order whoever holds the will to produce it. You file an application by affidavit showing a will exists and that a person in…
