How do I stop someone from trying to sell inherited land if I live on the property and other heirs are involved? – NC Short Answer In North Carolina, one heir usually cannot sell inherited land that was titled only in the deceased parent’s name unless the people who inherited interests in the land also…
What does “survivorship” language on a deed mean, and does it let the surviving owner sell without probate? – NC Short Answer In North Carolina, survivorship language on a deed usually means the owners held title as joint tenants with right of survivorship. When one owner dies, that owner’s interest usually passes automatically to the…
What happens if a subpoena is issued to a bank’s legal department instead of the bank entity? – NC Short Answer In North Carolina, a subpoena to produce records should be directed to the correct legal entity or person being commanded to respond. If a subpoena names a bank’s “legal department” instead of the bank…
How do we amend a subpoena for estate records when the bank’s name is listed incorrectly? – NC Short Answer In North Carolina, the usual fix is to issue an amended subpoena duces tecum that correctly names the bank entity and then serve that amended subpoena in a way Rule 45 allows or in a…
How can we avoid delays in getting bank records for an estate when a subpoena needs corrections? – NC Short Answer In North Carolina, the fastest way to reduce delay is usually to issue an amended subpoena that correctly names the bank entity, then serve it in the manner the bank will accept if that…
How do I collect a widow’s allowance if the estate was closed but I was never paid? – NC Short Answer In North Carolina, a surviving spouse’s year’s allowance does not disappear just because the estate was later closed. If the spouse timely filed a verified petition and the allowance was awarded, the clerk’s order…
What can I do if I filed for a widow’s allowance on time but the court or estate representatives still won’t release the funds? – NC Short Answer In North Carolina, a surviving spouse who timely filed for a spouse’s year’s allowance can ask the Clerk of Superior Court to enforce the allowance order and…
What documentation does the executor typically need to negotiate checks payable to the deceased and properly account for the funds in the estate? – NC Short Answer In North Carolina, the executor usually needs a certified copy of the death certificate, certified Letters Testamentary or Letters of Administration, and an estate bank account opened in…
How is a utility vehicle title transferred when the titled owner has died and the vehicle is part of the estate? – NC Short Answer In North Carolina, a utility vehicle titled only in the decedent’s name is usually transferred by the estate’s personal representative, not by an heir acting alone. The North Carolina Division…
Can an heir cash or deposit timber-sale checks that are made out to the deceased, or do they have to go through the estate? – NC Short Answer In North Carolina, checks made payable to a deceased person usually must be handled through the estate, not cashed or deposited by an heir in a personal…
