If a second mortgage was taken to help my sibling’s separate house, can that debt reduce my sibling’s share or be offset in distribution? – North Carolina Short Answer Sometimes, but not automatically. In a North Carolina intestate estate, a second mortgage on the decedent’s house is usually treated as an estate debt that must…
What can I do if the brokerage won’t correct the account title or won’t provide statements until the next statement cycle? – North Carolina Short Answer In North Carolina, a court-appointed personal representative generally has authority to collect estate assets and should not have to accept a brokerage account being titled in the personal representative’s…
How can I get a copy of a will that isn’t scanned into the online court system? – North Carolina Short Answer In North Carolina, the practical way to get a will that is not imaged online is to request a copy directly from the Clerk of Superior Court (Estates) in the county where the…
Can I access or move my relative’s bank accounts if I was listed on the account or had power of attorney before they died? – North Carolina Short Answer In North Carolina, a power of attorney generally does not let an agent keep accessing or moving money after the person dies. After death, banks usually…
What can I do if my parent’s house was transferred into a sibling’s name before death but an older will said it should be sold and divided? – North Carolina Short Answer In North Carolina, a will generally controls only what the parent owned at death. If the house was validly deeded into a sibling’s…
What happens after the affidavit of next of kin is filed to appoint me as administrator of the estate? – North Carolina Short Answer In North Carolina, filing the affidavit of next of kin is typically a step the Clerk of Superior Court uses to confirm who the heirs are and whether everyone with equal…
If the only known asset is a bank account, do we still have to go through probate and a creditor-notice period? – North Carolina Short Answer Not always. Under North Carolina practice, whether probate (and the creditor-notice period) is required usually depends on where the bank account is located and what the bank requires to…
How can I get an adult child and their spouse out of the home after my spouse passed away, especially if ownership is still being sorted out? – North Carolina Short Answer In North Carolina, removing an adult child (and their spouse) from a home after a spouse’s death usually requires a court process—either a…
How do I find out what debts and bills the estate still owes and how those get paid? – North Carolina Short Answer In North Carolina, the personal representative (executor/administrator) identifies estate debts by gathering mail and records, sending required notice to creditors, and reviewing any claims that creditors file with the estate. Valid expenses…
What happens if creditor claims come in during probate and the estate needs to sell real property to pay debts? – North Carolina Short Answer In North Carolina probate, valid creditor claims generally must be paid before most beneficiaries receive distributions. If the estate does not have enough cash or personal property to pay approved…
