Can I serve as executor of an estate if I have a felony conviction? – North Carolina Short Answer In North Carolina, a felony conviction can disqualify someone from serving as an executor (personal representative) if the person’s rights of citizenship have not been restored. The Clerk of Superior Court decides whether an applicant is…
Can a court treat me like an adopted child for inheritance when my caregiver raised me but adoption never finalized? – North Carolina Short Answer Sometimes, but not automatically. In North Carolina, an intestate estate (no will) normally passes only to legal heirs, including legally adopted children under the intestate succession statutes. If a formal…
How do I get court permission to sell a deceased relative’s house in probate to pay a Medicaid estate-recovery claim? – North Carolina Short Answer In North Carolina, a personal representative usually gets court permission to sell a decedent’s house by filing a special proceeding with the Clerk of Superior Court in the county where…
What should I ask to figure out whether there is a will, and whether it can be challenged? – North Carolina Short Answer In North Carolina, the fastest way to figure out whether there is a will is to identify where the estate is being handled (the Clerk of Superior Court) and ask whether a…
How do I open probate in the U.S. if the person who died was a foreign citizen living here and the main asset is a bank account overseas? – North Carolina Short Answer In North Carolina, probate is opened with the Clerk of Superior Court in the county where the person was domiciled (their true…
What happens if there are loans or liens on a deceased parent’s vehicle or RV? – North Carolina Short Answer In North Carolina, a loan or lien on a deceased parent’s vehicle or RV does not disappear at death. The lienholder generally keeps its security interest in the vehicle, which means the title transfer usually…
Can a foreclosure be challenged or delayed if the lender didn’t properly notify the estate representative or follow the required process? – North Carolina Short Answer Yes. In North Carolina, most residential foreclosures use a “power of sale” process that requires a filed notice of hearing and proper service on the parties entitled to notice,…
How should a settlement agreement for selling an inherited property address repairs, cleanup, and who pays the carrying costs while we get the home ready? – North Carolina Short Answer In North Carolina, a settlement agreement to sell an inherited home during a pending partition case should clearly allocate (1) who controls the work (repairs,…
Can named beneficiaries claim a life insurance policy directly, or does it have to go through the estate? – North Carolina Short Answer In North Carolina, life insurance usually pays directly to the named beneficiary and does not have to go through the probate estate. Probate is typically only involved if the estate is the…
What do I need to show to pick up the original will that was left with the courthouse for safekeeping? – North Carolina Short Answer In North Carolina, a will left with the Clerk of Superior Court for safekeeping is not public while the person is alive, and the clerk generally releases it only through…
