How are unauthorized charges to my parent’s estate dealt with through the probate process?: North Carolina

How are unauthorized charges to my parent’s estate dealt with through the probate process? — North Carolina Short Answer In North Carolina, the clerk of superior court audits estate accounts and can disallow unauthorized charges. Any interested heir, devisee, or creditor may ask the clerk to require a full accounting and challenge improper expenses. The…

How can I regain control of a deceased parent’s bank and credit card accounts if someone else is using them after her death?

How can I regain control of a deceased parent’s bank and credit card accounts if someone else is using them after her death? — North Carolina Short Answer In North Carolina, only a court‑appointed personal representative (executor or administrator) or a qualified small‑estate affiant has legal authority to take control of a decedent’s financial accounts.…

What steps do I need to file a partition action in North Carolina to split inherited property when a co-owner won’t cooperate?: North Carolina Partition Action

What steps do I need to file a partition action in North Carolina to split inherited property when a co-owner won’t cooperate? — North Carolina Short Answer In North Carolina, you file a special proceeding for partition in the county where the land sits. The Clerk of Superior Court starts the case, ensures all co-owners…

How do we secure and inventory the house and prevent siblings from taking belongings before I am appointed Administrator of the estate?

How do we secure and inventory the house and prevent siblings from taking belongings before I am appointed Administrator of the estate? — North Carolina Short Answer Until the court appoints you, you have little legal authority to control the home or its contents. The fastest lawful fix is to ask the clerk to appoint…

What happens if some heirs refuse mediation or won’t sign off—can I still force a sale of the property?: North Carolina Partition Action

What happens if some heirs refuse mediation or won’t sign off—can I still force a sale of the property? — North Carolina Short Answer Yes. In North Carolina, you do not need every heir’s signature to move forward. If co-owners (heirs) cannot agree, you can file a partition action. The court can first order mediation;…