How do I confirm if the alternate trustee will serve or if I need to appoint someone else to administer the testamentary trust? – North Carolina Short Answer In North Carolina, an alternate trustee serves only after the alternate trustee accepts the trusteeship. Acceptance usually happens by signing an acceptance document if the will or…
How does a family home co-owned with a former spouse transfer after death, and can I force a sale or partition? – North Carolina Short Answer In North Carolina, a family home co-owned with a former spouse may transfer outside probate (for example, if the deed created a survivorship form of ownership), or it may…
What steps do I need to take to prove a deed was signed under incapacity or coercion? – North Carolina Short Answer In North Carolina, challenging a deed signed near the end of life usually means filing (or continuing) a Superior Court case asking the judge to set the deed aside and recording a notice…
What steps do I take as successor trustee to recover assets wrongfully withdrawn by a power of attorney? – North Carolina Short Answer In North Carolina, a successor trustee usually cannot recover a deceased person’s individually titled assets (like a bank account or annuity still in the person’s name) until a personal representative is appointed…
What happens to creditor claims if I wait the full notice period before selling the property? – North Carolina Short Answer In North Carolina, waiting until the estate’s creditor-notice claim period runs can reduce the risk that unknown unsecured creditors can later demand payment from sale proceeds. But the creditor-notice deadline does not wipe out…
What can I do if family members refuse me access to retrieve the original will? – North Carolina Short Answer In North Carolina, the will is supposed to be produced for probate, and the Clerk of Superior Court has procedures to compel someone who has the will to bring it to court. If the original…
What can I do if personal belongings go missing or were taken after my mother’s death? – North Carolina Short Answer In North Carolina, once a court appoints an administrator and issues letters of administration, the administrator has a duty to locate, secure, and inventory the decedent’s personal property. If belongings are missing or someone…
What steps do I need to appoint an executor and file notice to creditors? – North Carolina Short Answer In North Carolina, the will-nominated executor is appointed by qualifying with the Clerk of Superior Court in the county where the decedent lived, and the Clerk then issues Letters Testamentary. After qualification, the executor must publish…
What forms are required to file an estate inventory and apply for an EIN for the estate? – North Carolina Short Answer In North Carolina, the estate inventory is typically filed on the North Carolina court form titled “Inventory for Decedent’s Estate” (AOC‑E‑505), which is due within three months after the co-administrators qualify (receive letters).…
Can I still put the property into a trust to avoid probate after an owner has passed away? – North Carolina Short Answer No. In North Carolina, a trust can only avoid probate for property that the owner transferred into the trust while the owner was alive (or that passes to the trust by a…
