What rights do I have as a disinherited surviving spouse when the decedent named someone else executor? – North Carolina Short Answer In North Carolina, a disinherited spouse can claim a statutory “elective share” of the decedent’s estate, even if someone else is the executor. You must file the elective share claim with the Clerk…
Can I challenge the will on grounds that my spouse lacked capacity due to dementia? – North Carolina Short Answer Yes. In North Carolina, a surviving spouse can contest (caveat) a will based on lack of testamentary capacity. You must file the caveat with the Clerk of Superior Court after the will is probated, and…
How do I request a formal accounting of estate assets from the executor? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to order the executor to file an inventory and a formal account of the estate. If the executor misses required deadlines or files an incomplete account,…
Can I recover funds spent from my spouse’s IRA or other accounts before probate? – North Carolina Short Answer In North Carolina, you generally cannot personally claw back pre‑death spending from your spouse’s IRA or bank accounts. However, you can file an elective share claim that pulls both probate and many non‑probate assets (including IRAs…
How can I compel the executor to provide my late spouse’s bank and retirement account records? – North Carolina Short Answer In North Carolina, you can force action through the estate file at the Clerk of Superior Court. The executor must file a detailed 90‑day inventory and, if you file an elective share petition within…
What steps are involved in opening ancillary probate in another state for out-of-state real property? – North Carolina Short Answer Under North Carolina law, land is governed by the law of the state where it sits. If a North Carolina estate includes real property in another state, you typically must open an ancillary probate in…
Do I have to post a probate bond if the sole beneficiary consents to waive it? – North Carolina Short Answer Usually yes. In North Carolina, a personal representative must post a bond before the Clerk of Superior Court issues letters, unless a specific exception applies. In an intestate estate, a North Carolina resident administrator…
How can I sell my mom’s inherited car for scrap without opening probate? – North Carolina Short Answer In North Carolina, you can transfer a deceased owner’s vehicle without opening a full estate by using either (1) the DMV Affidavit of Authority to Assign Title (MVR‑317) certified by the Clerk of Superior Court, or (2)…
Can I transfer or sell my parent’s vehicle when it’s the only asset in probate? – North Carolina Short Answer Yes. In North Carolina, if a motor vehicle is the only probate asset, you can usually transfer title or sell it without opening full probate by using either a DMV affidavit for assignment of title…
What happens if my step-sibling files a partition action on our inherited property? – North Carolina Short Answer In North Carolina, any co-owner can file a partition action in the county where the land sits. The Clerk of Superior Court will decide whether to split the land among owners (partition in kind) or order a…
