How does the death of siblings named in the will affect distribution to their children? – North Carolina Short Answer In North Carolina, if a sibling-beneficiary dies before the testator (the person who made the will), the state’s anti-lapse rule can pass that share to the sibling’s children unless the will says otherwise. If the…
How can I get appointed executor when I’m named as backup in my mother’s will? – North Carolina Short Answer In North Carolina, a successor (backup) executor named in the will can be appointed once the first‑named executor either renounces, is deceased or disqualified, or fails to qualify after the will is probated. You apply…
How do I stop the foster child from draining the decedent’s bank accounts and letting insurance lapse? – North Carolina Short Answer In North Carolina, the fastest way to stop asset loss is to ask the Clerk of Superior Court to appoint a temporary fiduciary (a “collector”) or a personal representative with authority to secure…
What steps do I need to transfer a mobile home title treated like a vehicle through probate? – North Carolina Short Answer In North Carolina, if a manufactured/mobile home is still titled through the DMV like a vehicle, the court-appointed executor transfers title by signing the original title and submitting DMV title paperwork with a…
Can a foster child who was never adopted inherit under my sister’s will? – North Carolina Short Answer In North Carolina, a foster child who was never adopted does not inherit by intestacy. But a valid will can leave property to anyone, including a foster child. If the will names the foster child directly (or…
What steps can I take to remove the foster child from the estate home and recover my sister’s personal property? – North Carolina Short Answer In North Carolina, you must first obtain legal authority over the estate—either by qualifying as personal representative (executor/administrator) or by asking the Clerk of Superior Court to appoint a temporary…
How can I challenge the validity of my sister’s will if the beneficiary’s name is wrong? – North Carolina Short Answer In North Carolina, you challenge a will’s validity by filing a caveat with the Clerk of Superior Court within the legal time limits. A wrong or misspelled beneficiary name by itself usually triggers a…
What steps should I take to satisfy court clerk requirements for assigning a car title after a death? – North Carolina Short Answer In North Carolina, you can transfer a deceased owner’s vehicle without full probate by using the clerk-certified DMV affidavit process, the spousal year’s allowance, summary administration, or (in small estates) collection by…
What is required to execute a power of attorney for a child abroad to assign property in North Carolina Short Answer In North Carolina, the DMV’s assignment-by-affidavit process for a deceased owner’s vehicle requires all heirs to sign a sworn Affidavit of Authority to Assign Title (MVR-317) before the Clerk of Superior Court. A child…
How can I become my son’s legal representative to sign his share of a jointly titled property after my husband’s death? – North Carolina Short Answer In North Carolina, you generally cannot sign a motor-vehicle title assignment affidavit for an adult child unless he signs it himself or gives you written authority. For a DMV…
