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…
What steps do I need to transfer title and sell my father’s car to satisfy the lender’s claim? – North Carolina Short Answer In North Carolina, a duly appointed personal representative (executor or administrator) may sell a decedent’s car without a court order. If the car has a lien, the lender’s security interest must be…
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 can I sell the house through probate to pay estate debts without breaching my duties as administrator? – North Carolina Short Answer In North Carolina, you may sell estate real property to pay valid debts if you first determine the sale is in the estate’s best interest and you have legal authority to sell.…
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…
What documentation and process are needed to recognize international probate in North Carolina? Short Answer North Carolina can recognize a will or probate order from another country by filing certified copies with the Clerk of Superior Court in the North Carolina county where the decedent owned property. The documents must be properly certified by a…
How can I recover estate expenses like travel, funeral costs, and legal fees in probate? – North Carolina Short Answer In North Carolina, an executor can be reimbursed for reasonable, necessary estate administration expenses that the Clerk of Superior Court approves. Legal fees tied to administering or protecting the estate are allowable if reasonable and…
Do I need the executor’s approval or a court order to claim or assign my share of the policy? – North Carolina Short Answer In North Carolina, if you are a named beneficiary on a life insurance policy, you generally do not need the executor’s approval or a court order to claim your share; you…
How do I determine my rights as a co-beneficiary on a life insurance policy during probate? – North Carolina Short Answer In North Carolina, life insurance payable to a named beneficiary is generally a nonprobate asset, so the executor does not control it and the insurer pays the named beneficiaries directly. If the policy names…
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…
