Can I pursue trust litigation against a non-compliant trustee without seeking guardianship for my parent? – North Carolina Short Answer Yes. In North Carolina, beneficiaries can file a trust proceeding to compel a trustee to provide information or an accounting, seek instructions, require a bond, or request removal without first seeking guardianship. Whether you personally…
What remedies are available if I suspect financial exploitation by a trustee or agent under power of attorney? – North Carolina Short Answer In North Carolina, you can move fast in the Clerk of Superior Court to compel an accounting, suspend or remove a trustee or an agent under a power of attorney, and secure…
How do I address unresponsive caregivers and involve social services or the court to ensure my parent’s care? – North Carolina Short Answer In North Carolina, you can act on two tracks: (1) involve Adult Protective Services (APS) through your county Department of Social Services to address immediate care and safety, and (2) ask the…
What steps do I need to petition the court for my parent’s trust records and challenge a trustee’s failure to respond? – North Carolina Short Answer In North Carolina, a qualified beneficiary can file a trust proceeding with the Clerk of Superior Court asking for an order compelling the trustee to provide the trust instrument…
How can I petition the court to sell a decedent’s home during probate? – North Carolina Short Answer In North Carolina, an administrator who needs cash to pay valid estate debts typically must file a special proceeding with the Clerk of Superior Court in the county where the real property sits to obtain an order…
Can I recover HOA fees and utilities I’ve paid for decedent’s property? – North Carolina Short Answer Often, yes. In North Carolina, a personal representative can be reimbursed for necessary and reasonable expenses of administration that preserve estate assets, which can include HOA dues and essential utilities. You should document the payments and ask the…
How does an estate sale of personal property work to pay off creditor claims? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) may sell the decedent’s personal property at public or private sale without a court order and use the proceeds to pay valid creditor claims in statutory priority.…
How can I finalize my grandmother’s small estate and file the required accounting in the county court? – North Carolina Short Answer In North Carolina, a small estate opened by affidavit is closed by filing a final affidavit (the accounting) with the Clerk of Superior Court within 90 days of the qualifying affidavit, unless the…
Can I return the unclaimed property directly to the state or county without hiring an attorney? – North Carolina Short Answer No. In North Carolina, you generally cannot just send estate funds back to the State Treasurer. If you cannot pay a rightful recipient (for example, because an heir died and no one has opened…
What specific forms and procedures are needed to close a small estate with only unclaimed property? – North Carolina Short Answer In North Carolina, a small estate opened by Collection by Affidavit is closed by filing the Final Affidavit (AOC‑E‑204) with the Clerk of Superior Court within 90 days of the qualifying affidavit; if more…
