How do I petition to bring real property back into the estate to create assets for debt payment?: Practical steps in North Carolina probate

How do I petition to bring real property back into the estate to create assets for debt payment? – North Carolina Short Answer In North Carolina, a personal representative asks the Clerk of Superior Court for authority to treat the decedent’s real estate as an estate asset and sell it to pay valid claims. You…

Can my brother and I sell inherited property individually and use trust directives to pay creditors without commingling funds?

Can my brother and I sell inherited property individually and use trust directives to pay creditors without commingling funds? – North Carolina Short Answer Usually no. In North Carolina, a personal representative (PR) controls asset sales to pay estate debts. Heirs may sign a deed, but within two years of death any sale is ineffective…

How do I draft and negotiate a family settlement agreement with my uncles to divide real property and satisfy conditional gifts?: Practical steps under North Carolina probate law

How do I draft and negotiate a family settlement agreement with my uncles to divide real property and satisfy conditional gifts? – North Carolina Short Answer In North Carolina, you can resolve estate distribution disputes with a written family settlement agreement, but the approval path depends on whether it changes the will’s distributions. If it…

Who handles choosing a buyer and approving an offer when a commissioner sells estate property with multiple heirs?

Who handles choosing a buyer and approving an offer when a commissioner sells estate property with multiple heirs? – North Carolina Short Answer In North Carolina, the court-appointed commissioner handles marketing the property and selecting a proposed buyer and terms, but no sale is final until the Clerk of Superior Court confirms it. For private…