How can I defend against my sibling’s petition to remove me as personal representative? – North Carolina Short Answer In North Carolina, a Clerk of Superior Court can remove (revoke the “letters” of) a personal representative only if a statutory ground exists—such as disqualification, fraud/mistake in the appointment, a fiduciary breach through default or misconduct,…
What steps are involved in a contested probate hearing to remove a fraudulent claimant? – North Carolina Short Answer In North Carolina, removing a fraudulent claimant in a contested probate matter usually means forcing the claimant to prove the claim in the proper forum and using the court’s procedures to limit, disallow, or dismiss the…
How do I transfer the deed into my name for a house my grandparent left to me and my sibling, now that my sibling has passed? – North Carolina Short Answer In North Carolina, a deed usually is not “automatically” reissued after a death. Instead, title is cleared by documenting how the property passed from…
How do I plan for a possible guardianship or conservatorship of my mother and establish a backup decision-maker? – North Carolina Short Answer In North Carolina, planning usually starts with documents that name decision-makers now (like a durable financial power of attorney and a health care power of attorney) and that also nominate a preferred…
Can I challenge a mortgage or home equity loan taken shortly before death if it reduced the equity I should receive? – North Carolina Short Answer Possibly. In North Carolina, a mortgage or home equity loan signed shortly before death can sometimes be challenged if it was obtained through lack of capacity, undue influence, or…
If the will is set aside, what happens to a deed that granted the partner a life estate with the remainder going to the partner’s grandchild and the decedent’s child? – North Carolina Short Answer In North Carolina, setting aside a will (through a successful caveat) usually changes who inherits through the estate, but it…
Can I require the executor to file the will for probate and provide a full inventory and accounting? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court oversees estate administration and can require an executor (personal representative) to file required probate paperwork, including an inventory and accountings. If an executor…
Can I exclude specific sentimental items from the estate inventory? – North Carolina Short Answer Usually not. In North Carolina, the personal representative generally must list all probate assets on the estate inventory, even if the items are mainly sentimental. An item can be left off only if it is not a probate asset (for…
Can I remove a deceased co-owner’s name from a vehicle title when I’m a non-relative owner? – North Carolina Short Answer Sometimes, but it depends on how the names appear on the North Carolina title and what DMV will accept as proof of the co-owner’s death and authority to retitle. If the title shows joint…
Can I require the life tenant to cover major repairs, or are we responsible as remainder holders? – North Carolina Short Answer In North Carolina, a life tenant usually must pay the day-to-day costs of owning and using the property (including routine upkeep) and must not let the property deteriorate in a way that harms…
