How do I prove undue influence or elder abuse in my mother’s signing of estate documents? – North Carolina Short Answer In North Carolina, you challenge a will for undue influence by filing a will caveat; the Clerk of Superior Court transfers it to Superior Court for a jury trial. If an agent misused a…
Can I recover real property and investments sold by my sister under a possibly forged power of attorney? – North Carolina Short Answer Yes, North Carolina law provides tools to recover estate property that was taken or sold under an invalid or misused power of attorney. You can open your mother’s estate and use an…
How can I find out who is legally responsible for unpaid utilities on an estate property? – North Carolina Short Answer In North Carolina, the person whose name is on the utility account owes the utility company. Whether the estate must reimburse those charges depends on if the expenses were necessary to preserve the property…
Can I hold the estate’s personal representative liable for outstanding rent and utility charges? – North Carolina Short Answer In North Carolina, the estate—not the personal representative (PR) personally—usually pays valid debts and necessary administrative expenses. A PR can be personally liable only if they personally contracted for the charges or breached fiduciary duties causing…
How do I recover unpaid rent and utility costs from an estate or informal buyer? – North Carolina Short Answer In North Carolina, you recover by (1) presenting a written creditor claim to the estate within the statutory deadlines and (2) using the estate court to compel documents and protect the property if needed. Claims…
How do I obtain a title or proof of ownership for a mobile home in a probate proceeding? – North Carolina Short Answer In North Carolina, you generally get mobile home title authority through the Clerk of Superior Court or the DMV. Depending on the situation, you can (1) use an heirs’ DMV affidavit to…
What steps do I need to take to identify the estate representative authorized to transfer title in probate? – North Carolina Short Answer In North Carolina, the person authorized to transfer title from an estate is the court-appointed personal representative shown on current Letters Testamentary or Letters of Administration issued by the Clerk of Superior…
Can I charge the estate or heirs for unpaid lot rent and utility bills after a resident dies? – North Carolina Short Answer In North Carolina, you may assert a creditor claim against the decedent’s estate for unpaid lot rent and utilities. Pre‑death charges must be presented by the estate’s published deadline; post‑death charges that…
How can I remove or sell an abandoned mobile home left by a deceased resident on my lot? – North Carolina Short Answer In North Carolina, you can clear out and sell or donate the contents inside a deceased tenant’s unit by filing a simple affidavit with the Clerk of Superior Court and following a…
What notice and waiting period are required before disposing of an abandoned mobile home? – North Carolina Short Answer In North Carolina, a landlord may not immediately dispose of a deceased resident’s mobile home. If you are the landlord of the dwelling unit, you can use a specific court-filed affidavit process that requires (1) waiting…
