How do I start a lawsuit against a fiduciary overseeing an estate? – North Carolina Short Answer In North Carolina, you start by choosing the right forum. If you want removal, suspension, surcharge, a bond increase, or to compel an accounting, file a verified petition in the existing estate before the Clerk of Superior Court.…
How do we sell a decedent’s home during probate and hold the proceeds in trust? – North Carolina Short Answer In North Carolina, a personal representative (administrator or executor) may sell a decedent’s home either through a court-authorized judicial sale to raise money for estate debts or, in many cases, by joining in a deed…
What happens if additional creditor claims arise after the property sale during the notice period? – North Carolina Short Answer In North Carolina, any creditor claims that are timely presented before the creditor notice period closes must be paid from estate assets, including sale proceeds, in the statutory order of priority. If you sold the…
Would filing for bankruptcy help me delay the foreclosure sale of my inherited property? – North Carolina Short Answer Usually, no. In North Carolina, an estate cannot file bankruptcy, and an heir’s personal bankruptcy is an uncertain way to pause a county tax foreclosure. The more reliable path is to qualify as the estate’s personal…
How do I find or recover missing estate assets when no executor was appointed? – North Carolina Short Answer In North Carolina, an heir or other interested person can petition the Clerk of Superior Court to be appointed as the estate’s personal representative (administrator). Once appointed, the administrator can use court tools to locate and…
How can I stop a tax foreclosure on my inherited home while handling probate? – North Carolina Short Answer In North Carolina, the most direct way to stop a property tax foreclosure is to pay all delinquent taxes, interest, and the foreclosing attorney’s costs before the court confirms the sale. If you don’t have cash…
Can I inherit my parent’s entire estate as the only living heir if there is no will? – North Carolina Short Answer Yes—under North Carolina’s intestacy rules, if your parent dies without a valid will, has no surviving spouse, and you are the only surviving child, you inherit the entire probate estate after debts and…
How can I locate my parent’s original will when my niece holds power of attorney? – North Carolina Short Answer In North Carolina, a living person’s will is private. Before death, only your parent (or an authorized agent) may inspect a will deposited with the Clerk; if your parent is incompetent, the Clerk typically will…
What happens if a will can’t be found after someone dies in North Carolina? – North Carolina Short Answer If the original will can’t be located in North Carolina, the law presumes it was revoked if it was last in the decedent’s possession. That presumption can be overcome, and a copy may be probated, but…
How do I request a will from the court clerk in North Carolina? – North Carolina Short Answer In North Carolina, you cannot get a living person’s will from the Clerk unless the testator deposited it for safekeeping and personally authorizes access; if the testator is incompetent, the Clerk generally will not release it to…
