How do I handle final personal income taxes for my parent and determine if the estate also owes an estate income tax return? – North Carolina Short Answer In North Carolina, the personal representative files your parent’s final federal and state individual income tax returns for the year of death (typically due by April 15…
What deadlines must I meet for creditor claims and filing accountings in the probate process? – North Carolina Short Answer In North Carolina, publish notice to creditors promptly after you receive letters and mail personal notice to known creditors within 75 days. Unknown creditors must present claims by the date you set in the published…
How can I protect my rights in my parent’s probate in another state when I live in North Carolina? – North Carolina Short Answer Under North Carolina law, you can protect your interests from here by opening an “ancillary” estate in the North Carolina county where any North Carolina assets are located, enforcing reporting duties,…
What steps do I need to open my parent’s estate in another state remotely? – North Carolina Short Answer Under North Carolina law, you generally open the main (domiciliary) estate in the state where your parent lived at death, and you can often handle much of it remotely through local counsel. If your parent owned…
Can a sibling legally sign estate or insurance documents on my behalf without permission? – North Carolina Short Answer In North Carolina, a sibling cannot sign estate or insurance documents for you unless you gave them a valid, written power of attorney. Only a duly appointed personal representative can sign for the estate, and that…
How do I challenge unauthorized actions by a co-heir in a probate case? – North Carolina Short Answer In North Carolina, an heir can ask the Clerk of Superior Court to step in through an estate proceeding. If a co-heir is the personal representative and acted improperly, you can seek to revoke their letters. If…
Can I handle all probate proceedings from North Carolina without traveling to another state? – North Carolina Short Answer Often, yes for the North Carolina piece. If a nonresident decedent owned North Carolina assets (like real property), you can open an ancillary estate here and handle most steps by mail with help from local counsel,…
How do I prove breach of fiduciary duty by an executor after the estate has been closed? – North Carolina Short Answer In North Carolina, you prove a former executor’s breach by filing a civil lawsuit in Superior Court and showing: (1) the executor owed fiduciary duties, (2) the executor breached those duties, and (3)…
How can I challenge my sibling’s unauthorized use of power of attorney in the probate case? – North Carolina Short Answer In North Carolina, you can petition the Clerk of Superior Court to compel the agent (your sibling) to account for all transactions and to return assets taken under a power of attorney. If you…
How do I file a creditor claim against my former spouse’s probate estate to collect on my family law judgment? – North Carolina Short Answer In North Carolina, you file a written creditor claim in the probate estate by delivering it to the personal representative (executor/administrator) or the Clerk of Superior Court where the estate…
