Can I sue a co-executor for hiding a will or not filing it for probate when they were supposed to? – North Carolina Short Answer Possibly, but in North Carolina the fastest and most common first step is usually to involve the Clerk of Superior Court (the estate court) to get the will produced and…
Can I ask the court to order an explanation or repayment if I never received my share from the sale of estate property? – North Carolina Short Answer Yes. In North Carolina, an “interested person” (including a beneficiary) can ask the Clerk of Superior Court handling the estate to require the personal representative (executor/administrator) to…
When will we know what funds are available after debts and reimbursements are handled? – North Carolina Short Answer In North Carolina, the amount that is truly “available” is usually known when the fiduciary can account for all receipts and all allowed disbursements and is ready to file (or has filed) a proposed final accounting…
How can I find out whether the property sale was handled properly and whether the executor followed their duties to the heirs? – North Carolina Short Answer In North Carolina, the fastest way to check whether an executor handled a real estate sale properly is to review the estate file at the Clerk of Superior…
Can a will still be probated if the person died many years ago and the will was never filed? – North Carolina Short Answer Yes. In North Carolina, there is generally no deadline to offer a written will for probate, even if many years have passed. However, waiting can create real title problems for real…
What documents do we need to provide to prove we represent the estate before you can share records? – North Carolina Short Answer In North Carolina, the usual way to prove authority to act for an estate is to provide a certified copy of Letters Testamentary (if there is a will) or certified copy of…
What evidence do we need to prove the account holder lacked capacity when the bank paperwork was signed? – North Carolina Short Answer In North Carolina, proving lack of capacity for bank paperwork usually means showing the account holder did not understand what was being signed and the practical effect of the change at the…
How do I use a will to get access to bank accounts held at different banks after someone dies? – North Carolina Short Answer In North Carolina, a will by itself usually does not unlock a deceased person’s bank accounts. Banks typically require court authority—most often Letters Testamentary (if the will names an executor who…
What happens to our co-owned home if we were legally separated and had an equitable distribution agreement that might affect who keeps the house? – North Carolina Short Answer In North Carolina, a legal separation by itself usually does not change the deed to a co-owned home. What controls is (1) how the home is…
What happens if other relatives show up after the death and try to take the property—does that affect my ability to make a claim? – North Carolina Short Answer In North Carolina, other relatives showing up and asserting rights to the decedent’s property usually does not eliminate a caregiver’s ability to make a claim. A…
