How can I challenge questionable transactions the executor listed on the estate inventory if I’m a beneficiary? – North Carolina Short Answer In North Carolina, a beneficiary can raise concerns about questionable transactions shown on an executor’s inventory by requesting supporting documentation, asking the Clerk of Superior Court (Estates) to require a clearer or corrected…
Do we have to redo or amend prior estate documents if the wrong court form was used? – North Carolina Short Answer Not always. In North Carolina, if an estate filing used the wrong form but the information is still accurate and the Clerk of Superior Court can treat it as the correct filing, the…
How can I find out what bank accounts or other assets my parent had? – North Carolina Short Answer In North Carolina, the most reliable way to identify a deceased parent’s bank accounts and other assets is to have a personal representative appointed by the Clerk of Superior Court and use the court-issued letters to…
If someone was mistakenly listed as a beneficiary and later became legally disqualified, what do we need to file to correct the probate record? – North Carolina Short Answer In North Carolina, correcting a probate record usually means filing a written request with the Clerk of Superior Court to amend or supplement the estate file…
If minor beneficiaries inherit part of a house, who can sign on their behalf and are they responsible for carrying costs? – North Carolina Short Answer In North Carolina, minor beneficiaries generally cannot sign deeds, closing documents, or other binding real-estate paperwork themselves. A court-appointed fiduciary (typically a guardian of the estate, and sometimes a…
What happens to vehicles still titled in the decedent’s name that were promised to grandchildren—do they have to be sold to pay creditors, and how is fair market value set? – North Carolina Short Answer In North Carolina, a vehicle still titled in the decedent’s name is usually an estate asset that the personal representative…
What evidence proves undue influence, fraud, or lack of capacity when a last-minute will favors one family member? – North Carolina Short Answer In North Carolina, evidence in a will contest (a “caveat”) usually comes from the circumstances around the signing: the decedent’s mental and physical condition, who controlled access to the decedent, who arranged…
Do I need an EIN before I can open an estate bank account, and how long does it usually take to get one? – North Carolina Short Answer In North Carolina, most banks will require an estate EIN (a federal Employer Identification Number used as the estate’s taxpayer ID) before opening an estate checking account.…
Can the court order an injunction or a temporary administrator to secure the home and contents while the will contest is pending? – North Carolina Short Answer Yes. In North Carolina, once a will contest (a “caveat”) is filed, the Clerk of Superior Court must enter an order that, among other things, requires the personal…
If we mail a check for an estate settlement, what details should we include and how do we get written confirmation that the account is resolved? – North Carolina Short Answer In North Carolina probate, a settlement check should clearly identify the estate, the file number (if available), what the payment covers, and any conditions…
