How do I find out if my parent’s assets are in a trust or need probate?: North Carolina steps to confirm titling, will status, and probate needs

How do I find out if my parent’s assets are in a trust or need probate? – North Carolina Short Answer In North Carolina, assets titled to a revocable living trust or with a named beneficiary (like life insurance, retirement accounts, or POD/TOD accounts) usually bypass probate. Assets owned solely in the decedent’s name without…

What evidence do I need to prove undue influence or fraud in a will contest?: North Carolina guidance for will caveats

What evidence do I need to prove undue influence or fraud in a will contest? – North Carolina Short Answer In North Carolina, you prove undue influence with circumstantial evidence showing the signer was susceptible, the beneficiary had an opportunity and a willingness to influence, and the will’s terms look like the product of that…

Can I challenge the validity of a will notarized by someone with a questionable reputation?: North Carolina probate

Can I challenge the validity of a will notarized by someone with a questionable reputation? – North Carolina Short Answer Yes. In North Carolina, the validity of a will turns on proper execution (the testator’s signature plus two witnesses), testamentary capacity, and the absence of undue influence or fraud—not the notary’s reputation. A notary is…

Can I recover bank funds, vehicles, and personal property taken by the estate administrator?: North Carolina law

Can I recover bank funds, vehicles, and personal property taken by the estate administrator? – North Carolina Short Answer Yes. In North Carolina, an heir or other interested person can ask the Clerk of Superior Court to order the estate administrator to inventory, account for, and return estate assets, and can seek removal for misconduct.…

What evidence do I need to contest the administrator’s actions and recover assets?: North Carolina probate

What evidence do I need to contest the administrator’s actions and recover assets? – North Carolina Short Answer In North Carolina, you need documents and testimony showing (1) the administrator’s breach of duty or conflict of interest and (2) that specific property belongs to the estate. Useful evidence includes bank and title records, deeds, DMV…

How can I correct an incorrect family relationship listed on my spouse’s probate application?: North Carolina

How can I correct an incorrect family relationship listed on my spouse’s probate application? – North Carolina Short Answer In North Carolina, you correct relationship errors on a probate application by filing a sworn, notarized correction with the Clerk of Superior Court handling the estate. The application for letters is an affidavit, so any fix…