How can I get rid of an unwanted RV tied up in my parent’s estate without taking on liability? – North Carolina Short Answer In North Carolina, an executor may sell, donate, scrap, or, if truly valueless, abandon estate personal property like an RV without a court order, as long as the action is prudent…
How do I prove my heirship with DNA testing in a contested inheritance matter? – North Carolina Short Answer In North Carolina, you prove heirship in a contested estate by filing an estate proceeding with the Clerk of Superior Court to determine heirs and presenting admissible evidence, which can include court-ordered or properly documented DNA…
What options do I have to recover estate assets if I live out of state from where probate is pending? – North Carolina Short Answer In North Carolina, you can recover estate assets even if you live out of state. As an interested heir, you may file estate proceedings with the Clerk of Superior Court…
How can I find out which court and county is handling my grandparent’s probate case? – North Carolina Short Answer In North Carolina, probate is handled by the Clerk of Superior Court in the county where the decedent was domiciled (their permanent home) at death. If the decedent was not domiciled in North Carolina but…
Can I get the freeze lifted on my inheritance funds while the probate dispute is unresolved? – North Carolina Short Answer In North Carolina, courts generally will not allow distributions of inheritance funds while a probate dispute (like a will caveat or heirship fight) is pending. The Clerk of Superior Court can, however, enter targeted…
Can I protect the surviving spouse’s home and joint account funds from IRS claims while probate is pending? – North Carolina Short Answer In North Carolina, a surviving spouse’s home titled as tenants by the entirety is generally protected from the decedent’s individual creditors under state law, but federal tax liens can reach the decedent’s…
What documentation do I need to show the IRS that my parent’s taxes were paid properly? – North Carolina Short Answer In North Carolina, the personal representative (the court‑appointed executor or administrator) is the only person the IRS will recognize to discuss and resolve the decedent’s taxes. You will need Letters (testamentary or of administration)…
How soon might the IRS start pursuing estate assets after learning of a death? – North Carolina Short Answer Under North Carolina law, the IRS is not bound by the state’s 3‑month creditor claim window and may pursue assessed taxes or enforce existing federal tax liens at any time. Practically, the IRS usually engages once…
What steps do I need to dispute the IRS’s claimed tax liability against my parent’s estate? – North Carolina Short Answer In North Carolina, you must first open the estate and obtain Letters of Administration so someone has legal authority to act. The personal representative then publishes and mails a formal Notice to Creditors (including…
How can I establish my right to inherit from my parent’s estate when I was never legitimated or named on the birth certificate? – North Carolina Short Answer In North Carolina, a child born outside of marriage can inherit from a deceased father only if paternity was legally established before death (by a court judgment…
