Can I enforce my parent’s verbal plan that assets would pass to me after my stepparent’s death? – North Carolina Short Answer Usually not. In North Carolina, a verbal “plan” that a stepparent will keep assets for life and then leave them to a stepchild is hard to enforce unless there is a written, legally…
Will I face any tax or liability issues if I acknowledge receipt for court purposes but the vehicles are never titled in my name? – North Carolina Short Answer Usually not, as long as the receipt accurately describes what was received (or what is being redirected) and the personal representative transfers title directly from the…
How can I confirm all properties my parent owned and check for mortgages or liens? – North Carolina Short Answer In North Carolina, confirming all real property a deceased parent owned and checking for mortgages or liens usually requires a county-by-county records search. The main places to look are the Register of Deeds (deeds, deeds…
How can I challenge a probate decision that says I’m not a legal heir when my birth certificate lists the parent and there was a prior marriage and child support? – North Carolina Short Answer In North Carolina, most probate rulings about who qualifies as an heir are made by the Clerk of Superior Court.…
Who gets legal authority to handle my parent’s belongings and accounts, and how do we get appointed? – North Carolina Short Answer In North Carolina, the person with legal authority to handle a deceased parent’s belongings and accounts is the court-appointed personal representative (an “executor” if named in a will, or an “administrator” if there…
How do I check public records to see whether real estate titles or deeds were changed without proper authority? – North Carolina Short Answer In North Carolina, the most direct way to check whether a deed or title was changed without proper authority is to review the county Register of Deeds records for each property…
How can I replace lost letters testamentary if I misplaced my executor paperwork but still have a copy of the will? – North Carolina Short Answer In North Carolina, letters testamentary are issued and re-issued by the Clerk of Superior Court (Estates Division) for the county where the estate is open. If the letters were…
What documents do I need from the timeshare company to transfer or close out a deceased owner’s account during probate? – North Carolina Short Answer In North Carolina, the key documents to request from the timeshare company are the current ownership document (deed or membership/contract), the legal description or interval/points details, a payoff or account…
Do both heirs have to sign a directive for disbursement and the sale documents, and what happens if my sibling delays or refuses? – North Carolina Short Answer In North Carolina, whether both heirs must sign the sale documents depends on how title is being conveyed. If the house is being sold directly by the…
Do I need letters from the court, a death certificate, or notarized forms to retitle a mobile home, and where do I file them? – North Carolina Short Answer Often, yes. In North Carolina, retitling a mobile home after an owner’s death commonly requires (1) a certified death certificate and (2) documents showing legal authority…
