How can I find a probate lawyer in North Carolina to help me contest my spouse’s will? – North Carolina Short Answer In North Carolina, a will contest is called a “caveat.” You file it with the Clerk of Superior Court in the county where the will was probated, and the case is then tried…
What evidence do I need to support a challenge to my spouse’s will? – North Carolina Short Answer In North Carolina, you challenge a will by filing a caveat and proving a valid ground such as improper execution, lack of testamentary capacity, undue influence, fraud, duress, mistake, or revocation. Useful evidence includes medical and caregiving…
What is the process for filing a will contest in probate court in North Carolina? – North Carolina Short Answer In North Carolina, you contest a will by filing a “caveat” with the Clerk of Superior Court in the county where the will was probated. The clerk immediately transfers the case to Superior Court for…
How can I dispute creditor claims that were filed after the deadline in my parent’s probate proceeding? – North Carolina Short Answer In North Carolina, unsecured creditor claims that are presented after the estate’s published “bar date” are generally disallowed. Ask the personal representative (administrator) to issue a written rejection of any late, unsecured claims…
What steps can I take to make sure the administrator properly inventories and sells estate assets before distributing sale proceeds? – North Carolina Short Answer In North Carolina, you can monitor the estate file, demand a timely inventory and accountings, and participate in any court proceeding to sell real property. If the administrator misses deadlines…
Can I challenge or remove a lien on the property that secures a creditor claim in the probate sale? – North Carolina Short Answer In North Carolina, you generally cannot “remove” a valid, perfected lien in a probate sale. Liens on the real estate must be paid from the sale proceeds in order of legal…
How do I verify that creditors are paid in the correct priority order from the sale proceeds? – North Carolina Short Answer In North Carolina, liens attached to the real estate are paid from the sale proceeds first, in lien priority. Any remaining proceeds are then used to pay allowed estate claims in the statutory…
What happens if the administrator receives sale proceeds but fails to pay debts—can creditors come after my share or is she personally responsible? – North Carolina Short Answer In North Carolina, valid estate debts must be paid in the statutory order before any heir receives a distribution. If an administrator distributes sale proceeds without paying…
How do I locate all of my cousin’s assets and handle missing or incomplete paperwork? – North Carolina Short Answer In North Carolina, the court-appointed administrator has a duty and the legal tools to identify and secure all estate assets, even when records are missing. After qualifying with the Clerk of Superior Court, the administrator…
What steps do I need to open probate and file an inventory and creditor notice in North Carolina? – North Carolina Short Answer To open an intestate estate in North Carolina, apply with the Clerk of Superior Court for Letters of Administration, post any required bond, and (if you live out of state) appoint a…
