News and Articles

Page 8 of 622

May 3, 2026

Can an estate request signature cards, account contracts, and statements before completing the share transfer process? NC

Can an estate request signature cards, account contracts, and statements before completing the share transfer process? – NC Short Answer Yes. In North Carolina, a duly appointed personal representative can request records reasonably needed to identify estate assets, confirm ownership, and determine date-of-death values before the transfer of shares is finished. In practice, however, a…

Probate Q&A Series

May 3, 2026

What happens if an estate has already mailed letters of administration but the transfer agent says the documents have not been received yet? NC

What happens if an estate has already mailed letters of administration but the transfer agent says the documents have not been received yet? – NC Short Answer In North Carolina, a transfer agent usually does not have to release a deceased account holder’s records to the estate until it receives and processes proof that the…

Probate Q&A Series

May 3, 2026

How are personal belongings or remains usually transferred between family members during estate administration? NC

How are personal belongings or remains usually transferred between family members during estate administration? – NC Short Answer In North Carolina, personal belongings are usually transferred by the personal representative as part of the estate administration, often with written receipts, releases, or a family settlement agreement that shows who receives what. Human remains and cremated…

Probate Q&A Series

May 3, 2026

What happens after an estate-related payment agreement is completed? NC

What happens after an estate-related payment agreement is completed? – NC Short Answer In North Carolina, completing an estate-related payment agreement usually clears the way for the personal representative to finish the remaining probate steps, document the payment and any related property transfer, and move toward final accounting and estate closure. The agreement itself does…

Probate Q&A Series

May 3, 2026

Can I deliver a deceased person’s remains or ashes to a relative as part of resolving an estate matter? NC

Can I deliver a deceased person’s remains or ashes to a relative as part of resolving an estate matter? – NC Short Answer Usually, yes, but only if the person receiving the remains or ashes is the person authorized under North Carolina law or the person designated by that authorized decision-maker. In North Carolina, control…

Probate Q&A Series

May 3, 2026

How do I finalize an estate-related settlement when I need to send funds and return personal property? NC

How do I finalize an estate-related settlement when I need to send funds and return personal property? – NC Short Answer In North Carolina, an estate-related settlement is usually finalized by putting the agreement in writing, making the payment exactly as agreed, documenting the return of the personal property, and then filing or keeping the…

Partition Action Q&A Series

May 3, 2026

Can I buy out my ex-spouse’s interest in the house if their name is on the deed but not the mortgage? NC

Can I buy out my ex-spouse’s interest in the house if their name is on the deed but not the mortgage? – NC Short Answer Yes. In North Carolina, a former spouse whose name is still on the deed usually still owns a share of the property, even if that person is not on the…

Partition Action Q&A Series

May 3, 2026

Does it matter that my ex-spouse did not contribute to the down payment if their name is still on the deed? NC

Does it matter that my ex-spouse did not contribute to the down payment if their name is still on the deed? – NC Short Answer Usually yes and no. In North Carolina, if an ex-spouse’s name is still on the deed after divorce, that person generally still owns an interest in the property even if…

Partition Action Q&A Series

May 3, 2026

How do I force the sale or division of a house that is still jointly owned with an ex-spouse? NC

How do I force the sale or division of a house that is still jointly owned with an ex-spouse? – NC Short Answer In North Carolina, a divorced person who still owns a house with an ex-spouse can usually ask the court for a partition proceeding. After an absolute divorce, property once held by the…

Partition Action Q&A Series

May 3, 2026

What happens if my ex-spouse will not agree to come off the deed? NC

What happens if my ex-spouse will not agree to come off the deed? – NC Short Answer In North Carolina, a former spouse does not have to sign off the deed just because the divorce is final or because only one former spouse pays the mortgage. If the divorce did not resolve the property, the…

Partition Action Q&A Series

May 3, 2026

How can I get my ex-spouse’s name off the deed after a divorce if the property was not addressed in the divorce paperwork? NC

How can I get my ex-spouse’s name off the deed after a divorce if the property was not addressed in the divorce paperwork? – NC Short Answer In North Carolina, a divorce alone does not automatically remove an ex-spouse from a deed. If the property was not handled in the divorce case, the former spouses…

Probate Q&A Series

May 3, 2026

What happens if estate funds were held by the court for a minor and that person has now turned eighteen? NC

What happens if estate funds were held by the court for a minor and that person has now turned eighteen? – NC Short Answer In North Carolina, funds from an estate that were paid into the office of the clerk of superior court for a minor usually do not stay locked up once that person…

Probate Q&A Series

May 3, 2026

How do I help my child collect inheritance money that was held until they became an adult? NC

How do I help my child collect inheritance money that was held until they became an adult? – NC Short Answer In North Carolina, once a child beneficiary reaches age 18, money that was being held by the clerk of superior court for that beneficiary can often be released to the now-adult beneficiary after the…

Probate Q&A Series

May 3, 2026

Can an adult child collect money from a deceased grandparent’s estate if the court was holding the funds until adulthood? NC

Can an adult child collect money from a deceased grandparent’s estate if the court was holding the funds until adulthood? – NC Short Answer Yes, in North Carolina, an adult beneficiary can often claim estate funds that were held by the clerk or court while the beneficiary was a minor. The exact step depends on…

Probate Q&A Series

May 3, 2026

How do I find out where foreclosure surplus or estate-related funds are being held for a beneficiary? NC

How do I find out where foreclosure surplus or estate-related funds are being held for a beneficiary? – NC Short Answer In North Carolina, foreclosure surplus or estate-related funds are often held by the Clerk of Superior Court in the county where the foreclosure sale or related estate proceeding happened. The first step is usually…

Probate Q&A Series

May 3, 2026

What do we need to file or provide to receive foreclosure-related funds that were being held for a minor beneficiary? NC

What do we need to file or provide to receive foreclosure-related funds that were being held for a minor beneficiary? – NC Short Answer In North Carolina, the answer usually depends on why the clerk was holding the money and under what file or court order it was deposited. If the funds were being held…

Wrongful Death

May 3, 2026

How do I prove neglect or abuse in a nursing home after a parent passes away? NC

How do I prove neglect or abuse in a nursing home after a parent passes away? – NC Short Answer In North Carolina, proving nursing home neglect or abuse after a parent dies usually requires more than suspicion. The claim must connect specific failures in care or mistreatment to the parent’s injuries and death through…

Wrongful Death

May 3, 2026

What happens if a nursing home could not properly care for my parent’s medical needs? NC

What happens if a nursing home could not properly care for my parent’s medical needs? – NC Short Answer In North Carolina, a nursing home’s failure to meet a resident’s medical needs can lead to a civil wrongful death claim if that failure caused or contributed to the parent’s death. The case often turns on…

Wrongful Death

May 3, 2026

Can a case include both nursing home neglect and financial abuse of an elderly parent? NC

Can a case include both nursing home neglect and financial abuse of an elderly parent? – NC Short Answer Yes. In North Carolina, the same matter can involve both nursing home neglect and financial abuse if the facts support each claim. A death tied to poor care may support a wrongful death case, while misuse…

Wrongful Death

May 3, 2026

Can I bring a wrongful death case if my parent died after neglect in a nursing home? NC

Can I bring a wrongful death case if my parent died after neglect in a nursing home? – NC Short Answer Yes, possibly. Under North Carolina law, a wrongful death claim may be brought when a person dies because of another party’s wrongful act, neglect, or default, but the claim must be filed by the…

Wrongful Death

May 3, 2026

Can photos, videos, and an autopsy report help show that a nursing home’s care caused my parent’s death? NC

Can photos, videos, and an autopsy report help show that a nursing home’s care caused my parent’s death? – NC Short Answer Yes. In North Carolina, photos, videos, and an autopsy report can be important evidence in a wrongful death case if they help connect neglect or poor medical care to the death. These materials…

Probate Q&A Series

May 3, 2026

What happens if I am not sure whether the estate has to go through full probate? NC

What happens if I am not sure whether the estate has to go through full probate? – NC Short Answer In North Carolina, uncertainty about full probate usually means the first step is to identify what property was owned at death, whether any assets pass outside the estate, and whether the estate may qualify for…

Probate Q&A Series

May 3, 2026

Can I handle a parent’s estate if I have never been through probate before? NC

Can I handle a parent’s estate if I have never been through probate before? – NC Short Answer Yes, in North Carolina, a child or other qualified personal representative can often handle a parent’s estate even without prior probate experience. The main question is not prior experience, but whether the estate requires full probate, a…

Estate Planning Q&A Series

May 3, 2026

What do I need to do to make a power of attorney legally valid after I receive the documents? NC

What do I need to do to make a power of attorney legally valid after I receive the documents? – NC Short Answer In North Carolina, a financial power of attorney is generally made legally valid by having the principal sign it and acknowledge that signature before a notary. Witnesses are often used as a…