Can I sell or transfer the house if the will gives someone the right to live there? – North Carolina Short Answer Usually, the house can be sold or transferred in North Carolina, but it generally cannot be delivered “free and clear” of the person’s right to live there unless that right ends or is…
Can the executor sell a house that was left as a life estate to the surviving spouse, especially if the spouse wants to stay there? – North Carolina Short Answer In North Carolina, an executor usually cannot sell a house that a will specifically leaves as a life estate to the surviving spouse just because…
If I am the main beneficiary under the will, can my affidavit be used to prove the will, or does the court require someone else? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court usually needs proof from the will’s attesting witnesses (or a proper self-proving affidavit attached to the will),…
How long do creditors have to file claims against an estate, and what happens after that deadline passes? – North Carolina Short Answer In North Carolina, most pre-death creditor claims must be presented within the estate’s creditor-claim window tied to the published Notice to Creditors—typically three months from the first publication date. If a creditor…
How do I prove a payment was issued but never deposited into my bank account, and who is responsible for fixing it? – North Carolina Short Answer In North Carolina, proving a payment was “issued” but never reached an account usually requires written proof from the sender (payment date, amount, method, and a trace/reference number)…
Can you handle my probate case in my county if I live far from your office? – North Carolina Short Answer Often, yes. In North Carolina, most probate work is handled through the Clerk of Superior Court in the county where the estate is being administered, and much of the attorney work can be done…
How do we access or handle the deceased person’s bank account and life insurance, especially if the spouse may not be able to manage finances? – North Carolina Short Answer In North Carolina, a deceased person’s bank account usually cannot be accessed just because a family member has the paperwork. Access typically depends on how…
Can I handle an estate in another state without traveling back and forth, and what extra requirements apply if I live out of state? – North Carolina Short Answer Often, yes. A North Carolina estate can usually be handled with limited travel if the executor works through the Clerk of Superior Court (Estates) and uses…
Can the personal representative request retirement account tax documents directly? – North Carolina Short Answer Yes. In North Carolina, a duly appointed personal representative generally has authority to gather the decedent’s financial information needed to administer the estate, which commonly includes year-end tax reporting forms (such as Forms 1099) issued by a retirement plan administrator.…
How do I get a vehicle title properly transferred when I bought the car from an estate but the title wasn’t signed? – North Carolina Short Answer In North Carolina, a vehicle title transfer from an estate usually must be signed by the person with legal authority for the estate (typically the court-appointed personal representative)…
