What can I do if the estate administrator lied about the size and contents of the estate? – North Carolina Short Answer In North Carolina, beneficiaries can ask the Clerk of Superior Court to force a personal representative to correct or complete the inventory and accountings, and the Clerk can suspend or remove the representative…
What steps should I take to recover inheritance that may have been misallocated by the administrator? – North Carolina Short Answer In North Carolina, a beneficiary can act through the Clerk of Superior Court to uncover and correct estate misallocations. Start by obtaining and reviewing the estate file, then petition to compel a full accounting,…
Can I make a claim against the estate for unpaid child support owed to my mother? – North Carolina Short Answer Yes, but the claim must be presented correctly and on time. In North Carolina, a creditor must submit a written claim to the estate’s personal representative (or the clerk if allowed) within the claims…
How do I find out if there’s a valid will for my parent and where it’s filed? – North Carolina Short Answer In North Carolina, original wills are filed and probated with the Clerk of Superior Court in the county where the decedent lived. The named executor should deliver the will promptly; if they do…
Can I challenge a quitclaim deed recorded by the spouse after the decedent died? – North Carolina Short Answer Yes. In North Carolina, a spouse cannot transfer the decedent’s separate real property after death unless the spouse actually owns it (for example, by survivorship or devise under a probated will) or has legal authority as…
As the only biological child, what share do I get under intestate succession when there’s a spouse and stepchildren? – North Carolina Short Answer In North Carolina, if a person dies without a will leaving a surviving spouse and exactly one line of descendants (you), the spouse takes the first $60,000 of personal property, plus…
What happens if the surviving spouse doesn’t open probate—can I petition to be administrator? – North Carolina Short Answer Yes. In North Carolina, the surviving spouse has first priority to serve as administrator, but if the spouse does not apply, you (as an heir) may petition the Clerk of Superior Court. If no one with…
How can I set up a trust to protect my assets? – North Carolina Short Answer In North Carolina, a revocable living trust helps with management and probate avoidance but does not shield your assets from your own creditors. Asset protection usually requires a properly drafted and funded irrevocable trust where you are not a…
What types of trusts are available and which is right for me? – North Carolina Short Answer North Carolina recognizes many trusts, but most estate plans start with either a revocable living trust (keeps control and avoids probate) or a testamentary trust in a will (created at death). Irrevocable trusts add protections and tax features…
How can I create a pet trust to ensure my cat’s care after I’m gone? – North Carolina Short Answer In North Carolina, you can create a legally enforceable pet trust for your cat either inside your will (a testamentary pet trust) or as a standalone revocable trust. The trust lasts for your cat’s lifetime,…
