Lost Wills, Found Heirs: Your Guide to NC Probate Court

Elder Law Report

Content provided by Greg McIntyre, J.D., M.B.A., Greg McIntyre, J.D., and M.B.A.. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Greg McIntyre, J.D., M.B.A., Greg McIntyre, J.D., and M.B.A. or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.

22d ago 12:34

MP3•Episode home

Probate hearings rarely make for casual conversation, but they're a critical part of estate administration that can become surprisingly contentious. Join Jane Dearwester and Haley Matson from McIntyre Elder Law as they pull back the curtain on these often-misunderstood legal proceedings in North Carolina.
Most people assume probate is just paperwork and forms, but contested estates can involve numerous hearings before the clerk of court. Jane and Haley expertly break down the different categories of probate hearings you might encounter, from competing qualification disputes (who gets to serve as executor?) to heir determination hearings (who's legally entitled to inherit?). They explore petitions for possession and sale of real property, motions to remove executors who mishandle estate funds, and the fascinating 28A examinations that can compel disclosure from those hiding estate assets.
The conversation takes particularly interesting turns when discussing lost will hearings—especially relevant in Western North Carolina, which has suffered hurricanes and wildfires destroying important documents—and will caveats that challenge a will's validity based on lack of capacity or undue influence. One compelling example involves a "crooked pastor" who convinced a cognitively declining person to disinherit their entire family. Jane and Haley explain how they successfully had that will invalidated.
Perhaps most valuable is their explanation of North Carolina's spousal protections. Unlike some states, North Carolina doesn't allow complete disinheritance of spouses, providing statutory remedies through elective share (based on marriage length) and spousal allowance (the first $60,000 of the estate). Throughout their discussion, they emphasize how Chapter 28A of the North Carolina General Statutes creates a complex framework that isn't intuitive or straightforward—making professional legal representation essential when navigating these waters.
Want to learn more about protecting yourself and your loved ones from probate complications? Visit mcelderlaw.com to explore their blogs and resources, or connect with their team at offices in Shelby, Charlotte, and Hendersonville.

Chapters

1. Lost Wills, Found Heirs: Your Guide to NC Probate Court (00:00:00)

2. Introducing Probate Hearings in NC (00:00:17)

3. Competing Qualifications for Administrators (00:01:47)

4. Heir Determination and Creditor Claims (00:03:19)

5. Property Petitions and Executor Removal (00:04:28)

6. Lost Wills and Will Caveats (00:07:05)

7. Spousal Protections and Final Thoughts (00:09:23)

617 episodes