Can an older will that left everything to me be used to challenge a newer will that changed the inheritance? – North Carolina Short Answer Yes. In North Carolina, an older will can be important evidence in a will contest (called a “caveat”), especially if the newer will looks like a sudden change made when…
What happens after I file a petition with the court clerk to remove the personal representative? – North Carolina Short Answer In North Carolina, a petition to remove a personal representative is handled in the estate proceeding before the Clerk of Superior Court. After the petition is filed, the clerk typically issues a notice and…
What steps can be taken to make the executor or surviving spouse follow the will and transfer the property? – North Carolina Short Answer In North Carolina, the main way to force an executor (personal representative) to follow a will is to open an estate proceeding with the Clerk of Superior Court in the county…
What can I do if someone is blocking the estate from moving forward by withholding documents? – North Carolina Short Answer In North Carolina, if someone has the decedent’s original will (or other key estate papers) and refuses to turn them over, the estate can often ask the Clerk of Superior Court to order that…
How do I get bank statements and account information for a deceased parent when the paperwork was shredded or missing? – North Carolina Short Answer In North Carolina, banks and other financial institutions usually will not release a deceased parent’s account statements or balances until someone has legal authority to act for the estate. That…
What happens if we close an estate and later find out there were unpaid taxes or a refund due? – North Carolina Short Answer In North Carolina, a closed estate can often be reopened if something important is discovered later—such as an unpaid tax obligation or a tax refund that belongs to the estate. The…
How do I set up an estate bank account and deposit recovered funds like unclaimed property or life insurance proceeds while the estate is still open? – North Carolina Short Answer In North Carolina, a personal representative (executor/administrator) typically opens an estate checking account soon after qualification, using the estate’s own taxpayer identification number (EIN)…
How do I confirm the correct address is listed on the probate application before it’s filed or processed? – North Carolina Short Answer In North Carolina, the “address” on a probate application usually matters most because it supports the decedent’s domicile, which determines the county (venue) where the estate should be opened with the Clerk…
What can beneficiaries do if the executor doesn’t list potentially valuable personal property on the inventory and says they can’t find it? – North Carolina Short Answer In North Carolina, beneficiaries can ask the Clerk of Superior Court (the probate court) to require the executor (personal representative) to file a complete, corrected inventory and later…
How do I get the property that was left to my child in my ex-spouse’s will if the surviving spouse won’t hand it over? – North Carolina Short Answer In North Carolina, the person with the legal duty to deliver will gifts is usually the court-appointed executor (also called the personal representative), not the surviving…
