How can I get a deceased spouse’s bank account balance to apply a court-approved year’s allowance? – North Carolina Short Answer In North Carolina, the cleanest way to get a deceased spouse’s bank balance and enough account identification to apply a court-approved year’s allowance is to work through the estate’s personal representative (executor/administrator) and the…
Can I sue an executor for breaching fiduciary duties if they sell estate property improperly? – North Carolina Short Answer Yes—under North Carolina law, an executor (personal representative) can be held responsible for a breach of fiduciary duty tied to an improper sale of estate property, but the right remedy is often a probate-court (Clerk…
What can I do if I find out a family member destroyed the will after the estate was already handled? – North Carolina Short Answer In North Carolina, it may still be possible to ask the Clerk of Superior Court to admit a lost or destroyed will to probate (including proving its contents) and to…
If there is a will, how does that change who gets the house and how it gets transferred? – North Carolina Short Answer In North Carolina, a valid will can name who receives the house (the “devisees”) instead of the house passing under the default “heir” rules. But the will generally must be probated with…
If I have power of attorney for my spouse, can I act for them in an inheritance or probate matter while they are incarcerated? – North Carolina Short Answer Sometimes, but not in every way. In North Carolina, a valid financial power of attorney can let an agent sign documents and communicate with the estate…
If I partially own the property with the deceased person’s heirs, can I force a sale or division of the property to resolve the debt? – North Carolina Short Answer In North Carolina, a co-owner (such as a tenant in common) can generally file a partition case to force a division of the property or…
If my parent’s will tries to cut out the surviving spouse after a long marriage, what rights does the surviving spouse still have to the estate? – North Carolina Short Answer In North Carolina, a will usually cannot completely cut out a surviving spouse. Even if the will leaves the spouse little or nothing, the…
If a life insurance policy names one sibling as beneficiary, does that payout have to be shared with the other siblings or go through the estate? – North Carolina Short Answer In North Carolina, life insurance proceeds usually pay directly to the named beneficiary and do not go through the estate or probate. That means…
If extended relatives won’t sign paperwork giving up their inheritance rights, what can I do to move the estate forward? – North Carolina Short Answer In North Carolina, an estate usually can still move forward even if extended relatives refuse to sign “renunciation” or “waiver” paperwork. The Clerk of Superior Court can appoint an administrator…
What can a beneficiary do if the executor won’t provide a copy of the will or won’t move forward with filing it and notifying creditors? – North Carolina Short Answer In North Carolina, a beneficiary can usually get traction by going through the Clerk of Superior Court (the estate division) in the county where the…
