Do I have to sign the letters of administration application in front of a notary, or can I sign it ahead of time? – North Carolina Short Answer In North Carolina, the application for letters of administration is typically signed as part of an oath, which means the signature should be made (or re-made) in…
What parts of an estate file can be shared with new counsel versus withheld as confidential or privileged? – North Carolina Short Answer In North Carolina, prior counsel generally should provide the estate (through the duly appointed personal representative) the estate’s file so successor counsel can continue the administration. However, prior counsel must still protect…
Can the estate be closed in probate if the lawyer’s fees are not fully paid yet? – North Carolina Short Answer Usually not. In North Carolina, a personal representative generally cannot close a probate estate until estate administration expenses and valid creditor claims are paid (or otherwise properly resolved) and the final account can be…
What kind of lawyer should I look for if I need help with a will contest and disputed asset transfers? – North Carolina Short Answer In North Carolina, the right fit is usually a probate litigation (estate litigation) attorney who regularly handles will contests (called a “caveat”) and related claims to recover property that may…
Can I sign the executor renunciation electronically, or do I need to print, sign, and return a scanned copy? – North Carolina Short Answer In North Carolina, an executor renunciation generally needs an original, wet-ink signature because the Clerk of Superior Court typically requires a signed, acknowledged (notarized) renunciation to issue letters. A purely electronic…
If a life insurance policy has no named beneficiary, does it automatically become part of the estate and get split among the heirs? – North Carolina Short Answer In North Carolina, if a life insurance policy truly has no living beneficiary (or the policy is payable to the estate), the proceeds are typically paid to…
Can my stepchildren object to the petition, and what would that mean for the probate process? – North Carolina Short Answer Yes. In North Carolina, stepchildren who are treated as “interested persons” in the estate matter can file a response or raise objections, depending on what the petition asks the Clerk of Superior Court to…
How do I handle and get reimbursed for paying ongoing expenses on estate property in another state when other family members aren’t contributing? – North Carolina Short Answer In North Carolina, a personal representative generally should not “carry” estate expenses out of pocket without a clear paper trail and a plan to get repaid through…
Does a house with right of survivorship automatically pass to the co-owners, and do I still have to list it in an estate filing? – North Carolina Short Answer In North Carolina, real estate titled as a joint tenancy with right of survivorship generally passes automatically to the surviving co-owner(s) at death, instead of passing…
How do I transfer real estate that was owned by my parent who passed away? – North Carolina Short Answer In North Carolina, transferring a parent’s real estate after death usually requires confirming how title was held, identifying who inherits under a will (devisees) or under intestacy (heirs), and then recording the right documents in…
