If no estate has been opened, can the named executor sign the vehicle title, or do we need a different process? – North Carolina Short Answer In North Carolina, a person named as executor in a will has no legal authority to sign a vehicle title until the clerk of superior court actually issues letters…
How can I make a co-trustee and co-executor share full accountings and documents if they won’t communicate? – North Carolina Short Answer Under North Carolina law, a co-trustee and co-executor must keep beneficiaries reasonably informed and maintain accurate records, and each fiduciary has rights to information needed to do the job. If informal requests and…
What are my options to remove or replace a co-trustee and appoint a neutral successor trustee if none is named? – North Carolina Short Answer Under North Carolina law, a co-trustee or beneficiary can ask the clerk of superior court to remove a trustee for specific statutory reasons and to appoint a replacement. If the…
How fast can a law firm typically prepare a letter that meets a real estate agent’s requirements during probate? – North Carolina Short Answer Under North Carolina probate practice, a simple email letter for a real estate agent can often be prepared within a few business days once the attorney confirms the personal representative’s authority…
Can an emailed letter from the law firm serve as proof of my authority to list or sell estate property, or will the agent need official court papers? – North Carolina Short Answer Under North Carolina probate law, an emailed letter from a law firm is not what creates or proves legal authority to list…
What risks are there if I sign a listing agreement before I receive documents showing I can act for the estate? – North Carolina Short Answer Under North Carolina law, a person who has not yet been formally appointed to act for an estate usually has no legal authority to sign a binding listing agreement…
Do valuable antiques or personal items listed in the will trigger full probate rather than a small‑estate process, and who sets their value? – North Carolina Short Answer In North Carolina, valuable antiques and personal items do not automatically force an estate into full probate, but their fair market value counts toward the dollar limits…
Does a will exercising a testamentary power of appointment still require probate if the decedent owned little or nothing personally? – North Carolina Short Answer Under North Carolina law, a will generally must be probated for it to be effective to pass title to property, including when it exercises a testamentary power of appointment over…
Can a relative pay directly or can we split the payment between us? – North Carolina Short Answer Under North Carolina probate law, the clerk of superior court mainly cares that required court costs and fees are paid in full and on time, not who writes the check. A relative may usually pay probate costs…
What documents will a brokerage require to process a beneficiary claim? – North Carolina Short Answer In North Carolina, a brokerage typically requires proof of the account owner’s death, proof of the beneficiary’s identity, and proof of the beneficiary’s legal status or authority. That often means a certified death certificate, the brokerage’s beneficiary or claims…
