Can my sibling receive the cars if their name isn’t on the titles but the estate plan says the cars should go to them? – North Carolina Short Answer Yes, in North Carolina a car can pass to a sibling through a will (or sometimes through a trust), even if the sibling’s name is not…
Do we need to challenge the deed separately, or does resolving the will first determine who owns the house and land? – North Carolina Short Answer In North Carolina, a will controls only what the person owned at death. If the house or land was transferred by a deed before death (or passes by another…
Who is responsible for insurance, storage, and maintenance for the estate’s vehicles while the case is pending? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) is generally responsible for safeguarding estate vehicles during probate, which usually includes keeping them insured, stored safely, and reasonably maintained until they are transferred,…
Do funeral or cremation costs get reimbursed before other debts, and what proof do I need? – North Carolina Short Answer In North Carolina, a decedent’s estate generally pays valid estate expenses and claims in a set order of priority. Reasonable funeral/cremation expenses are a high-priority category, but they are not first—estate administration costs come…
How do I access or transfer funds from a bank account that has no beneficiary when my spouse died without a will and the bank won’t give me information? – North Carolina Short Answer In North Carolina, a bank account that was only in a deceased spouse’s name and has no payable-on-death (beneficiary) designation is…
If the home was deeded to both spouses with survivorship, is it outside the estate, and how do we update the tax records and proceed with a sale? – North Carolina Short Answer Often yes. In North Carolina, if spouses held the home with a survivorship form of ownership (most commonly tenancy by the entirety),…
Do I need to do anything special with our joint bank accounts, such as closing them or notifying the bank, after my spouse’s death? – North Carolina Short Answer In North Carolina, a true joint account with a clear right of survivorship usually belongs to the surviving joint owner at death, so it often does…
What rights does a long‑term, unmarried partner have to remain in the home and continue using jointly titled property when the other partner dies without a will? – North Carolina Short Answer In North Carolina, an unmarried partner generally does not inherit anything when the other partner dies without a will. Whether the surviving partner…
Can my attorney sign and file the year’s allowance petition for me if I am abroad, and what proof of authority is required? – North Carolina Short Answer In North Carolina, a surviving spouse’s claim for a year’s allowance generally must be filed by the surviving spouse or by the spouse’s agent under a durable…
What deadlines and filing steps should I know about for a year’s allowance during probate? – North Carolina Short Answer In North Carolina, a surviving spouse usually claims a year’s allowance by filing a verified petition with the Clerk of Superior Court in the county where the estate has proper venue. If a personal representative…
