How do I ask the court for an emergency order to stop sales or protect trust property while the dispute is pending? – North Carolina Short Answer In North Carolina, emergency court protection usually comes through a temporary restraining order (TRO) and/or a preliminary injunction that preserves the status quo while a trust dispute is…
What happens if I don’t know about all of my parent’s relatives when starting the estate process? – North Carolina Short Answer In North Carolina, an estate can still be opened even if not all relatives are known at the start. The personal representative generally must make a good-faith, diligent effort to identify and locate…
If the deed lists two deceased owners, do I need to open estates for both of them to transfer the property to me? – North Carolina Short Answer Not always. In North Carolina, whether estates must be opened for both deceased owners usually depends on (1) how the two owners held title on the deed…
Should I pay estate expenses from my personal account or from the estate bank account? – North Carolina Short Answer In North Carolina, estate expenses should usually be paid from the estate bank account, not from a personal account, because the personal representative must keep estate money separate and be able to prove every receipt…
Can a judgment be paid from a deceased person’s house if the house was jointly owned with a spouse? – North Carolina Short Answer Usually not, if the home was owned by the spouses as tenants by the entirety and the judgment was only against the deceased spouse. In North Carolina, entireties property is generally…
How do I make sure a prior contract related to the property is properly terminated or updated after the owner dies? – North Carolina Short Answer In North Carolina, the safest way to terminate or update a prior property-related contract after an owner dies is to (1) identify exactly what agreement exists and whether it…
How do I start probate as the executor when the will and the property are in another state and I live out of state? – North Carolina Short Answer In North Carolina, probate starts in the county where the person who died lived (their North Carolina county of residence), and it is handled through the…
Can I legally enter and secure the deceased person’s home to look for estate documents if the property is part of the estate? – North Carolina Short Answer Sometimes—but in North Carolina the safest answer is that entry should be done by the person with legal authority (the court-appointed personal representative) or with clear permission…
What documents do I need to gather to move forward with probate for my spouse? – North Carolina Short Answer In North Carolina, starting probate for a deceased spouse usually requires the original will (if there is one), basic identifying information for the decedent and heirs, and enough asset and debt information to let the…
How do I open an estate and give notice to creditors when there are disputed or unproven claims? – North Carolina Short Answer In North Carolina, an estate is opened by taking the original will (if there is one) to the Clerk of Superior Court in the county where the person lived and having the…
