Can I file a creditor claim in probate to get reimbursed for home payments and other expenses I paid on behalf of the estate? – North Carolina Short Answer Yes. In North Carolina, a person who paid mortgage payments, insurance, upkeep, or other bills tied to a decedent’s property can often seek reimbursement by filing…
Does a will still count as valid if it doesn’t have a notary stamp on it? – North Carolina Short Answer In North Carolina, a will can still be valid even if it does not have a notary stamp. A notary is generally used to make a will “self-proved,” which makes probate easier, but notarization…
What does an end-of-representation letter mean for my probate case, and what happens after the firm closes my file? – North Carolina Short Answer In North Carolina probate, an end-of-representation letter usually means the law firm’s work on the estate has ended as defined in the engagement agreement (for example, getting the administrator appointed and…
If the will has broad language giving “all assets” to someone, does that include U.S. bank accounts that were never mentioned specifically? – North Carolina Short Answer Usually, yes. Under North Carolina law, a will can pass all property the person owned at death, including personal property like bank accounts, even if the will does…
What happens if caregivers or family members wrote checks or used credit cards without permission while my parent was vulnerable? – North Carolina Short Answer In North Carolina, unauthorized check-writing or credit card use against a vulnerable parent can trigger both civil and criminal consequences. Civilly, the person who took the money may be required…
What kind of proof does the executor need to keep so the estate will reimburse expenses connected to administering the estate? – North Carolina Short Answer In North Carolina, an executor (personal representative) should keep clear, itemized proof that an expense was (1) actually paid, (2) paid by the executor personally (if out-of-pocket), and (3)…
If I don’t qualify for a court-appointed attorney, what are my options for getting help before the final accounting hearing? – North Carolina Short Answer In North Carolina probate, if a court-appointed attorney is not available, the main options are (1) hiring a private probate attorney, (2) paying for limited-scope help (for example, reviewing the…
What happens if I miss the deadline to file the estate’s annual accounting as the administrator? – North Carolina Short Answer In North Carolina, missing the annual accounting deadline can trigger a clerk-issued order to file the overdue account, followed by a show-cause hearing if it still is not filed. At that hearing, the Clerk…
If the decedent’s name was removed from a joint account after death, does that mean the money is not part of the estate? – North Carolina Short Answer Not necessarily. In North Carolina, whether money in a joint account is part of the probate estate depends on how the account was titled and what the…
Why would a bank stop providing account statements after a certain month when I requested statements from the date of death to the present? – North Carolina Short Answer In North Carolina, a bank may stop producing statements in the decedent’s name after the account is treated as belonging to a surviving owner (for example,…
