Will I get in trouble for withdrawing money from the deceased person’s account around the time they died if I had a power of attorney? – North Carolina Short Answer In North Carolina, a power of attorney generally stops at the moment of the principal’s death, so withdrawals made after death can create serious problems…
How do I fill out the probate inventory form if I’m not sure what assets and debts have to be listed? – North Carolina Short Answer In North Carolina probate, the inventory is meant to list what the deceased person owned (and what the estate controls) as of the date of death, with enough detail…
How does an out-of-town family member affect who inherits or who can make decisions about a deceased person’s estate? – North Carolina Short Answer In North Carolina, an out-of-town family member usually does not change who inherits. Inheritance depends on a valid will, or (if there is no will) North Carolina’s intestate succession rules—not where…
Do I have any right to see prior versions of my parent’s will or other estate documents if nothing has been filed with the court yet? – North Carolina Short Answer Usually, no. In North Carolina, if no will or estate paperwork has been filed with the Clerk of Superior Court yet, there is often…
How do life insurance policies and old beneficiary designations affect what is distributed through the estate? – North Carolina Short Answer In North Carolina, life insurance usually does not pass through the probate estate if the policy has a living named beneficiary. The insurance company generally pays the person listed on the most recent beneficiary…
How can I move forward with handling a house and land in the estate while there is an ongoing court dispute? – North Carolina Short Answer In North Carolina, a will contest (a “caveat”) usually slows estate administration down, but it does not automatically freeze everything. The Clerk of Superior Court typically enters an order…
What can I do if the estate has been left open for a long time and I think the executor is mishandling assets or debts? – North Carolina Short Answer In North Carolina, an “interested person” (such as an heir or beneficiary) can ask the Clerk of Superior Court (the probate court) to require the…
What happens if the only will I can find is an older copy that says it was voided by a newer will? – North Carolina Short Answer In North Carolina, an older will can still be the will that gets probated if no newer will is produced and proved. But if the only will available…
Do I need to do anything else to clear the title or update records after my parent’s death? – North Carolina Short Answer Often, yes—some follow-up steps are still needed in North Carolina even if the home was transferred into a child’s name before the parent died. The key question is whether the deed was…
How do I figure out whether a deceased parent owed taxes or was due a refund before I pay credit card creditors? – North Carolina Short Answer In North Carolina estate administration, taxes can have priority over general unsecured debts like credit cards, so it is usually wise to confirm whether returns must be filed,…
