How can I get the personal representative to provide the complete estate tax returns and accounting records? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to order the personal representative to file a full, satisfactory account with all supporting vouchers and records. The clerk may require production…
What steps are required to obtain court approval for selling a trust property during probate? – North Carolina Short Answer In North Carolina, a trustee usually may sell trust real estate without a court order if the trust permits it and no one objects. If you want or need court approval—because the trust limits sales,…
What happens if distributions were made based on an incomplete or inaccurate accounting? – North Carolina Short Answer In North Carolina, if distributions were made using an incomplete or inaccurate estate accounting, the Clerk of Superior Court can order the personal representative to file a full, corrected accounting with vouchers. If the accounting shows overpayments…
How do I address outstanding home equity debt and new creditor claims when selling an estate property? – North Carolina Short Answer In North Carolina, a recorded home‑equity line of credit (HELOC) must be paid first from the property’s sale proceeds to deliver clear title. If the home was in a revocable trust at your…
Can a city-imposed easement affect the sale process or proceeds of my inherited home, and what remedies do I have? – North Carolina Short Answer Yes. In North Carolina, a city easement can reduce marketability and sales price and may require you, as trustee, to address compensation and title issues before closing. You can negotiate…
Can a beneficiary make a claim on the probate surety bond if the estate administrator mishandles assets? – North Carolina Short Answer Yes. In North Carolina, a beneficiary or creditor may seek recovery against the estate’s probate bond if the personal representative breaches fiduciary duties and causes a financial loss. The usual path is to…
What happens if I cash my inheritance check before probate is closed—can the estate reclaim it? – North Carolina Short Answer Yes. In North Carolina, interim distributions are allowed, but they are conditional until the estate’s debts, taxes, and expenses are resolved and the Clerk approves the final account. If later claims or taxes require…
How do I claim unclaimed property and insurance proceeds owed to the estate? – North Carolina Short Answer In North Carolina, the personal representative (executor/administrator) claims unclaimed property and any insurance payable to the estate after qualifying with the Clerk of Superior Court and receiving Letters. Use the estate’s EIN, open an estate bank account,…
How do I resolve conflicting names on deeds to confirm chain of title for estate property? – North Carolina Short Answer In North Carolina, confirm the chain of title by reviewing the recorded deeds, establishing who took title at death (heirs or devisees), and correcting name discrepancies with curative documents or a court order. If…
How can I prove the caretaker is misusing the power of attorney for personal gain? – North Carolina Short Answer In North Carolina, you can file a petition with the Clerk of Superior Court to compel the agent under a power of attorney to account for all transactions and to limit, suspend, or remove the…
