What evidence do I need to support a claim of undue influence or incapacity in a beneficiary dispute? – North Carolina Short Answer In North Carolina, a beneficiary dispute based on undue influence or incapacity is usually proven with a collection of facts that point to diminished decision-making and suspicious circumstances around the beneficiary change,…
How do I challenge an executor’s authority to collect rent from our family property? – North Carolina Short Answer In North Carolina, heirs or devisees generally take title to a deceased owner’s real estate at death, and rent for periods after death typically belongs to those heirs or devisees—not automatically to the executor. An executor…
How do I ask the court to give me full authority to administer the estate if someone else already has limited authority with court supervision? – North Carolina Short Answer In North Carolina, that request is usually made in front of the Clerk of Superior Court handling the estate by filing an estate proceeding that…
What should I do if the surviving spouse doesn’t respond to court notices for letters of administration? – North Carolina Short Answer In North Carolina, when a surviving spouse has priority to serve as administrator but does not respond or does not timely qualify, the Clerk of Superior Court can treat that inaction as a…
How can I make sure the refinance price reflects the true market value of inherited property? – North Carolina Short Answer In North Carolina, a buyout tied to an estate refinance should be based on a defensible fair market value, not just the county tax assessed value. A practical way to protect the buyout number…
How can I open my stepparent’s probate estate if the named executor won’t cooperate? – North Carolina Short Answer In North Carolina, a probate estate generally starts when the will is filed and the Clerk of Superior Court issues “letters” appointing a personal representative (an executor under a will or an administrator if there is…
How do I open probate for a deceased person’s estate and what are the first steps? – North Carolina Short Answer In North Carolina, “opening probate” usually means filing the correct application with the Clerk of Superior Court (the county probate court) so a personal representative can qualify and receive “letters” authorizing them to act…
How do I verify a bank’s creditor claim against an estate before paying it? – North Carolina Short Answer In North Carolina, a personal representative should not pay a bank’s creditor claim until the claim is timely presented and supported by enough documentation to confirm the amount owed, the legal basis for the debt, and…
Can the estate inventory be filed before the affidavit of notice to creditors is completed, or should I wait? – North Carolina Short Answer In North Carolina, the estate inventory is generally due within three months after the personal representative qualifies, and many Clerks expect the affidavit of notice to creditors to be filed at…
How can I start the probate process after my sibling died? – North Carolina Short Answer In North Carolina, the probate process usually starts by filing the right opening paperwork with the Clerk of Superior Court in the county where the deceased person lived and having a personal representative (executor or administrator) qualify. If most…
