If minor beneficiaries inherit part of a house, who can sign on their behalf and are they responsible for carrying costs? – North Carolina Short Answer In North Carolina, minor beneficiaries generally cannot sign deeds, closing documents, or other binding real-estate paperwork themselves. A court-appointed fiduciary (typically a guardian of the estate, and sometimes a…
What happens to vehicles still titled in the decedent’s name that were promised to grandchildren—do they have to be sold to pay creditors, and how is fair market value set? – North Carolina Short Answer In North Carolina, a vehicle still titled in the decedent’s name is usually an estate asset that the personal representative…
What evidence proves undue influence, fraud, or lack of capacity when a last-minute will favors one family member? – North Carolina Short Answer In North Carolina, evidence in a will contest (a “caveat”) usually comes from the circumstances around the signing: the decedent’s mental and physical condition, who controlled access to the decedent, who arranged…
Do I need an EIN before I can open an estate bank account, and how long does it usually take to get one? – North Carolina Short Answer In North Carolina, most banks will require an estate EIN (a federal Employer Identification Number used as the estate’s taxpayer ID) before opening an estate checking account.…
Can the court order an injunction or a temporary administrator to secure the home and contents while the will contest is pending? – North Carolina Short Answer Yes. In North Carolina, once a will contest (a “caveat”) is filed, the Clerk of Superior Court must enter an order that, among other things, requires the personal…
If we mail a check for an estate settlement, what details should we include and how do we get written confirmation that the account is resolved? – North Carolina Short Answer In North Carolina probate, a settlement check should clearly identify the estate, the file number (if available), what the payment covers, and any conditions…
Can escrowed real-estate sale proceeds be distributed before probate is finished, and if so, under what conditions? – North Carolina Short Answer Sometimes. In North Carolina, escrowed sale proceeds tied to a decedent’s ownership interest are usually treated as estate funds that should be paid to the estate’s personal representative (executor/administrator) and held until the…
Do jointly titled vehicles pass to me automatically, and what paperwork does the DMV usually require to reflect that? – North Carolina Short Answer In North Carolina, a jointly titled vehicle only “passes automatically” to the surviving co-owner if it was titled as a joint tenancy with right of survivorship. Even then, the survivor usually…
What happens to my probate timeline if the death certificate request is rejected and I have to resubmit? – North Carolina Short Answer In North Carolina, a rejected death certificate request usually delays the practical steps of probate (like dealing with banks, insurers, and real estate), but it does not automatically stop an estate from…
How do I start a small‑estate probate when the home passed to me through a life estate and only a small bank account remains? – North Carolina Short Answer In North Carolina, when the only probate asset is a small bank account and the home already passed outside probate through a life estate deed, the…
