Do I need to open probate if my parent passed away owning part of a house with someone else? – NC Short Answer Maybe not. In North Carolina, the answer usually depends on how the deed held title. If the parent’s interest passed automatically to the other owner by survivorship, full probate may not be…
Can a co-owner make me sign probate paperwork for a house I do not want? – NC Short Answer No. In North Carolina, a co-owner cannot force an heir or beneficiary to sign probate paperwork just because the decedent owned part of a house. Whether any signature is needed depends on what the paperwork does.…
What happens to a house when one co-owner dies and the other owner wants probate started? – NC Short Answer In North Carolina, the answer depends first on how the deed was titled. If the house was owned with a right of survivorship, the surviving co-owner usually takes the deceased owner’s share automatically and probate…
What records can an estate request from a financial institution about a deceased person’s closed account? – NC Short Answer In North Carolina, a duly appointed personal representative can usually request records from a financial institution that are reasonably necessary to identify whether a deceased person had an account, how it was titled, whether it…
How do I confirm whether a closed financial account should still be considered during estate administration? – NC Short Answer In North Carolina, a closed financial account may still matter in estate administration if it held estate property at death, passed by survivorship or beneficiary designation, or was emptied shortly before death in a way…
How can I find out whether a deceased person’s brokerage account had a beneficiary or rights of survivorship before it was closed? – NC Short Answer In North Carolina, the usual way to find out whether a closed brokerage account had a transfer-on-death beneficiary or joint ownership with rights of survivorship is to request the…
What happens if the only account we knew about was closed before the decedent passed away? – NC Short Answer In North Carolina, a closed account does not automatically mean there is nothing to probate, but it does mean the estate may need to find out where the money went before death. If the account…
Can an estate still get past account statements and ownership records if the account was closed before the person died? – NC Short Answer Yes, in many cases an estate can still request past account statements, ownership records, survivorship designations, and tax records even if the account was closed before death. In North Carolina, the…
Can inherited property end up split between heirs if the will’s property description is wrong? – NC Short Answer Yes. In North Carolina, if a will describes real property incorrectly and the mistake creates uncertainty about what land the will actually gives to one person, the property can end up treated as part of the…
How can I prove a parent meant to leave a specific property to me when the will has a typo? – NC Short Answer In North Carolina, a court can correct an ambiguous will term if clear and convincing evidence shows what the parent intended and that the wording was affected by a mistake. When…
