What can I do if an estate was opened and some of the deceased person’s children were left off the paperwork? – North Carolina Short Answer In North Carolina, an omitted child (or other interested person) can ask the Clerk of Superior Court (Estates Division) to correct the estate record and require the personal representative…
Can a text message admitting the will was destroyed be used as proof in court? – North Carolina Short Answer Yes. In North Carolina, a text message can be used as evidence in a probate dispute if it can be properly authenticated (shown to be what it claims to be) and it fits the evidence…
How can I recover money I paid for delinquent property taxes tied to property owned by someone who died? – North Carolina Short Answer In North Carolina, recovery usually happens by treating the tax payment as a claim against the deceased owner’s estate and presenting that claim to the estate’s personal representative within the creditor-claim…
If we pay the property taxes to keep the home from being sold, does that give us any ownership rights or reimbursement rights? – North Carolina Short Answer In North Carolina, paying someone else’s property taxes usually does not give ownership rights in the home by itself. Reimbursement is sometimes possible, but it depends on…
If the decedent agreed in writing to sell the property at a certain price before death, can the heirs still challenge the sale price? – North Carolina Short Answer Usually not. In North Carolina, a valid written contract the decedent signed to sell real estate generally remains enforceable after death, and the estate’s personal representative…
Do I need to open a probate estate if the only asset is my relative’s share of proceeds from a pending estate sale? – North Carolina Short Answer Usually, yes. In North Carolina, when a beneficiary dies before an open estate finishes selling property and distributing proceeds, the deceased beneficiary’s share is typically paid to…
What happens if a relative won’t disclose where my parent’s money is or may have moved funds after the death? – North Carolina Short Answer In North Carolina, the estate administrator has a legal duty to find, secure, and report the decedent’s assets, even when a relative will not cooperate. If there are reasonable grounds…
Do I need to go through probate to settle my parent’s estate if there is a will? – North Carolina Short Answer Often, yes. In North Carolina, a will generally must be filed with (and admitted by) the Clerk of Superior Court to be legally effective to transfer property that was in a parent’s sole…
How do I open probate when the deceased person’s family has not started the process and I’m a creditor? – North Carolina Short Answer In North Carolina, a creditor usually cannot “open probate” in the sense of automatically becoming the estate’s personal representative. But a creditor can often push the process forward by filing a…
Can the life tenant give away or sell tools, equipment, or other personal property that’s kept on the land? – North Carolina Short Answer Usually, a life tenant in North Carolina can sell or give away their own personal property (like tools or equipment) even if it is stored on the land. But a life…
