What happens if I can’t provide every supporting document—will the accounting be rejected or delayed? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court usually expects supporting “vouchers” for estate accounting disbursements, but a missing document does not automatically mean the accounting will be rejected. If a voucher is lost or…
How can I challenge an estate administrator for fraud if I uncovered forged documents years after the estate was opened? – North Carolina Short Answer In North Carolina, the right way to challenge an estate administrator for fraud depends on what the forged documents affected. If the forgery relates to the will itself, the usual…
Does property and money acquired after a separation agreement remain separate from the spouse for probate purposes? – North Carolina Short Answer Not automatically. In North Carolina, a separation agreement may control ownership between spouses and can waive certain rights, but it does not, by itself, erase a surviving spouse’s probate rights unless it includes…
Can beneficiaries survey and deed out individual lots from inherited property without executor approval if the will gives it to them equally? – North Carolina Short Answer In North Carolina, a will that leaves real estate “equally” to beneficiaries typically means they inherit undivided ownership interests in the whole tract, not separate lots. Until the…
Can a creditor demand the full balance after a settlement offer expires if the estate was waiting on sale proceeds? – North Carolina Short Answer Yes. In North Carolina, a settlement offer is usually enforceable only on its written terms, including any expiration date. If the deadline passes without acceptance (or without a signed extension),…
What level of detail is required when listing household items, jewelry, and other personal property instead of a generic miscellaneous entry? – North Carolina Short Answer In North Carolina estate administration, an Inventory generally must identify probate assets with enough detail that the Clerk of Superior Court can tell what the item is and confirm…
Will a spousal allowance let me keep the car and any small accounts even if there are outstanding debts? – North Carolina Short Answer Often, yes. In North Carolina, a surviving spouse can ask the Clerk of Superior Court to assign a spousal year’s allowance (currently valued at $60,000) from the decedent’s cash and other…
How can I get the vehicles appraised fairly when different people involved can’t agree on the method or appraiser? – North Carolina Short Answer In North Carolina probate, the usual goal is a fair market value for each vehicle as of the date of death, supported by reliable information (condition, mileage, comparable sales) and documented…
After I sign and notarize the required pages, what is the next step for submitting the years-allowance paperwork? – North Carolina Short Answer In North Carolina, the next step is to file the signed, notarized (verified) year’s-allowance application with the Clerk of Superior Court in the county where venue is proper for the estate. If…
What are my rights to be on the property during the buyer’s walkthrough and before closing while I’m finishing move‑out? – North Carolina Short Answer In North Carolina, the seller (or, in an estate sale, the personal representative acting for the estate) usually has the right to be on the property up to closing because…
