What steps do I need to petition the probate court to recover an estate vehicle? – North Carolina Short Answer In North Carolina, an executor can ask the Clerk of Superior Court (the probate court) to order a person to turn over an estate vehicle that is still titled in the decedent’s name. This is…
How can I enforce my right as an heir to schedule showings and control access when my siblings are selling our inherited home? – North Carolina Short Answer In North Carolina, heirs who inherit a house together usually become co-owners, and each co-owner has rights to occupy and use the property. But when an executor…
How do I claim the inheritance owed to my parent from a grandparent’s estate? – North Carolina Short Answer In North Carolina, when a parent dies before receiving an inheritance from a grandparent’s estate, the parent’s share is typically treated as an asset of the parent’s estate—not something the children collect directly from the grandparent’s…
Can I get an injunction to halt property sales until my inheritance rights are clear? – North Carolina Short Answer Yes—North Carolina courts can issue emergency orders (a temporary restraining order or preliminary injunction) to stop the sale or transfer of estate property while a probate dispute is pending. In many inheritance disputes, the fastest…
How do I get my final probate annual report notarized and accepted by the court? – North Carolina Short Answer In North Carolina, a final probate accounting (often called a “Final Account”) is filed with the Clerk of Superior Court (Estates Division) and is typically signed under oath, which means it must be properly notarized…
How can I remove an incapacitated personal representative and have a professional administrator appointed? – North Carolina Short Answer In North Carolina, an “interested person” can ask the Clerk of Superior Court (Estate Division) to revoke an incapacitated personal representative’s letters and appoint a successor. The usual path is a verified petition alleging a statutory…
How can I take ownership of my parent’s rent-to-own trailer if I pay off the remaining balance? – North Carolina Short Answer In North Carolina, paying off the remaining balance on a parent’s rent-to-own trailer usually does not, by itself, transfer ownership into an heir’s name. Ownership (and the right to receive the title or…
What documents or legal actions are needed to compel a service provider to release a decedent’s digital content? – North Carolina Short Answer In North Carolina, a personal representative usually starts by sending the service provider a written disclosure request with a certified death certificate and certified letters testamentary (or letters of administration). Under North…
How do we transfer the car titles at the DMV using a collection affidavit and proof of the gifting intent? – North Carolina Short Answer In North Carolina, a local DMV license plate agency typically will not retitle a vehicle out of a deceased owner’s name based only on “proof the decedent meant to gift…
What steps do I need to take to contest a Medicaid recovery claim against my parent’s estate? – North Carolina Short Answer In North Carolina, a Medicaid estate recovery demand is treated like a creditor claim against the estate and is handled through the estate file at the Clerk of Superior Court. Contesting it usually…
