Category Archives: Probate Q&A Series

If the life tenant replaces major items during the life estate (like a refrigerator or other appliances), do those replacement items stay with the house for the remaindermen later? nc

If the life tenant replaces major items during the life estate (like a refrigerator or other appliances), do those replacement items stay with the house for the remaindermen later? – North Carolina Short Answer Usually, replacement appliances a life tenant buys (like a refrigerator) are the life tenant’s personal property and do not automatically “stay…

Do I need to open an estate for my child to claim what was left to them in the will? nc

Do I need to open an estate for my child to claim what was left to them in the will? – North Carolina Short Answer In North Carolina, a child usually cannot “claim” a gift under a will until the will is probated and someone has legal authority to transfer the property (typically an executor/personal…

What happens if a person signs something about the will but still refuses to acknowledge it afterward? nc

What happens if a person signs something about the will but still refuses to acknowledge it afterward? – North Carolina Short Answer In North Carolina, a person’s later refusal to “acknowledge” a will does not automatically defeat the will. If the will was properly executed, it can often still be admitted to probate—especially if it…

Can I get a loan against inherited or family-owned property if the title or estate issues are not fully resolved yet? nc

Can I get a loan against inherited or family-owned property if the title or estate issues are not fully resolved yet? – North Carolina Short Answer Usually not in any practical way. In North Carolina, a lender typically requires clear, recordable title and a borrower with legal authority to sign a deed of trust, and…

How can I confirm whether the funeral bill was paid, and can the estate request a paid-in-full statement from the funeral home? nc

How can I confirm whether the funeral bill was paid, and can the estate request a paid-in-full statement from the funeral home? – North Carolina Short Answer In North Carolina, the most reliable way to confirm whether a funeral bill was paid is to request an itemized statement and payment history directly from the funeral…

How do I get a copy of a will if someone is refusing to hand it over to the estate? nc

How do I get a copy of a will if someone is refusing to hand it over to the estate? – North Carolina Short Answer In North Carolina, the fastest path is usually through the Clerk of Superior Court in the county where the person who died lived (was domiciled). If the will has already…

How do I get an itemized funeral bill or receipt to submit as a claim in an estate case? nc

How do I get an itemized funeral bill or receipt to submit as a claim in an estate case? – North Carolina Short Answer In North Carolina estate administration, the usual way to document funeral expenses is to request an itemized statement and a paid receipt (or balance-due statement) directly from the funeral home that…

What documents do I need to prove I’m an heir and challenge a relative’s control over the estate? nc

What documents do I need to prove I’m an heir and challenge a relative’s control over the estate? – North Carolina Short Answer In North Carolina, proving heir status usually starts with vital records that show the family relationship (death certificate plus birth certificates, marriage/divorce records, and sometimes adoption or legitimation records). To challenge a…

Can the estate still pursue an accident-related insurance claim if the person who died didn’t own a car or have auto insurance? nc

Can the estate still pursue an accident-related insurance claim if the person who died didn’t own a car or have auto insurance? – North Carolina Short Answer Yes. In North Carolina, the estate can still pursue an accident-related insurance claim even if the person who died did not own a car and did not have…

What happens if the funeral home’s records are at a different branch location than the one I contacted? nc

What happens if the funeral home’s records are at a different branch location than the one I contacted? – North Carolina Short Answer In North Carolina, it is common for funeral home paperwork to be kept at the branch that handled the arrangements, even if a different branch answered the first call. Usually, the branch…