What happens to a financed car when the owner dies and there is no will? – North Carolina Short Answer In North Carolina, a financed car owned by someone who dies without a will usually becomes part of the estate, but it stays subject to the lender’s lien. An heir does not automatically get clear…
Am I personally responsible for a personal loan and a small credit card balance that were only in my spouse’s name? – North Carolina Short Answer Usually, no. In North Carolina, a surviving spouse is generally not personally responsible for a personal loan or credit card that was only in the deceased spouse’s name unless…
Can a co‑owner on a joint bank account access funds after death to pay ongoing bills and property expenses, and what happens to a separate business account that was only in the deceased person’s name? – North Carolina Short Answer In North Carolina, a surviving co-owner on a joint bank account can usually access the…
How do minor beneficiaries receiving their inheritance in trust affect selling or transferring an inherited house during probate? – North Carolina Short Answer In North Carolina, minor beneficiaries can still receive an inheritance in a trust and the estate can still sell or transfer an inherited house during probate, but the transaction usually needs extra…
How do I know whether I need a probate lawyer for a loved one’s estate? – North Carolina Short Answer In North Carolina, a probate lawyer is often most helpful when an estate must go through the Clerk of Superior Court for formal estate administration, when there are disputes, or when the estate involves real…
What happens if the estate doesn’t have enough cash to pay attorney fees or CPA costs—can I pay out of pocket and get reimbursed later? – North Carolina Short Answer In North Carolina, a personal representative can often pay necessary estate administration expenses (including reasonable attorney and CPA-type professional fees) out of pocket and then…
How do I legally get a deceased relative’s belongings out of their apartment if the lease is in their name? – North Carolina Short Answer In North Carolina, the safest way to legally remove a deceased tenant’s belongings is to act through someone with authority over the estate—usually a court-appointed personal representative (executor/administrator) with “letters”…
How does a year’s allowance interact with creditor claims and distributions from the estate? – North Carolina Short Answer In North Carolina, a surviving spouse’s (and eligible child’s) year’s allowance is generally handled before most creditor payments and before distributions to heirs or beneficiaries. The clerk of superior court can award the allowance from the…
Do I need court approval or updated letters of authority before distributing the final cents from an estate account? – North Carolina Short Answer Usually, no separate court order or “updated” letters are required just to distribute the last small balance from an estate account in North Carolina, as long as the personal representative’s letters…
What documents does a bank need to release statements for an estate account opened after death with an EIN? – North Carolina Short Answer In North Carolina, a bank usually releases statements for an estate account to the court-appointed personal representative (or the personal representative’s attorney) after receiving proof of authority. The most common documents…
