Do I need to open a probate estate just to pursue a Camp Lejeune lawsuit on behalf of someone who passed away? – North Carolina Short Answer Often, yes. When the person who was harmed has passed away, the claim is typically pursued in the name of a court-appointed personal representative (executor or administrator), and…
How do I get copies of everything that was filed in my parent’s estate-related case so I can understand what happened? – North Carolina Short Answer In North Carolina, most estate administration filings are kept by the Clerk of Superior Court (Estates Division) in the county where the estate was opened. Copies can usually be…
Can a creditor contact family members directly for payment, and when does that become harassment? – North Carolina Short Answer In North Carolina, a creditor (or a third-party debt collector) generally should not contact family members to demand payment of a decedent’s debt unless that family member is actually responsible for the debt or is…
Do I still need to do some type of probate or estate filing even if the deceased person had no debts and the home was paid off? – North Carolina Short Answer Often, yes. In North Carolina, if a home is still titled only in the deceased person’s name, some type of court filing is…
Can I close or freeze an estate bank account if my ID was stolen at the same time? – North Carolina Short Answer In North Carolina, an estate bank account is controlled by the court-appointed personal representative (executor or administrator), not by whoever happens to have the checkbook or online access. If a personal representative’s…
How do I verify whether a debt collector’s claim against the estate is valid and the amount is correct? – North Carolina Short Answer In North Carolina probate, a debt collector generally must prove (1) the debt is legally owed by the decedent and (2) the amount claimed is accurate. A personal representative can request…
How do I open probate when other family members won’t cooperate or won’t sign anything? – North Carolina Short Answer In North Carolina, probate (estate administration) is opened through the Clerk of Superior Court, and it can be opened even if other family members refuse to cooperate or sign paperwork. If someone with higher priority…
How do I find out whether a probate case was opened and what was filed if I’m the deceased person’s only child? – North Carolina Short Answer In North Carolina, probate and estate administration records are handled through the Clerk of Superior Court (the Estates division) in the county where the person lived at death.…
Do I have to formally notify all beneficiaries even if everyone already has a copy of the will and we’re communicating? – North Carolina Short Answer Often, yes—some probate notices in North Carolina are “formal” requirements even when the family is already sharing information informally. The most common example is creditor notice: the personal representative…
If the person with the right to live in the house is demanding a large payment, do I have to pay it to resolve the estate? – North Carolina Short Answer Not automatically. In North Carolina, a “right to live in the house” is often a life estate or similar occupancy right created by the…
