How can I transfer a deceased parent’s car title to my name when I’m the only child and there aren’t other assets? – North Carolina Short Answer In North Carolina, a vehicle titled only in a deceased parent’s name can often be retitled to an heir without opening a full estate by using the DMV’s…
How can I get a relative out of the decedent’s house if they changed the locks and won’t let the family in? – North Carolina Short Answer In North Carolina, family members generally cannot lawfully force entry, change locks back, or “self-evict” a relative from a decedent’s home. The usual path is to have a…
Once I’m appointed, what are my responsibilities as an administrator while a wrongful death case is pending? – North Carolina Short Answer In North Carolina, an administrator (personal representative) acts as a fiduciary while a wrongful death claim is being pursued. The main responsibilities are to (1) stay properly qualified through the Clerk of Superior…
Does the half-sibling who was not related to the surviving spouse inherit any part of the house? – North Carolina Short Answer Usually, no. In North Carolina, when a surviving spouse inherits property and later dies without a will, that property passes through the surviving spouse’s intestate heirs—starting with the surviving spouse’s children and the…
Do we still need to open probate if the surviving spouse is expected to receive everything? – North Carolina Short Answer Sometimes yes. In North Carolina, marriage alone does not automatically transfer every asset to the surviving spouse, and many banks, retirement plan administrators, and the DMV still require probate paperwork (or a permitted simplified…
Do I need to include the property where my parent had a life estate in the probate, and how is that reported or transferred now? – North Carolina Short Answer Usually, no. In North Carolina, when a parent held only a life estate, that interest typically ends at death and the property passes automatically to…
How can I reopen a previously closed estate so I can continue a contamination claim that the decedent started? – North Carolina Short Answer In North Carolina, a closed estate can often be reopened through a “subsequent administration” so a personal representative can take new action for the estate, such as continuing a claim the…
What happens if the power is shut off at the property before the estate addresses the bills and sale? – North Carolina Short Answer In North Carolina, if electric or other utilities get shut off at a deceased person’s home before the estate is organized, it can create practical problems (frozen pipes, mold, security issues,…
How do I keep estate funds separate from my personal money and maintain proper records for the estate? – North Carolina Short Answer In North Carolina, a court-appointed executor should keep estate money in a dedicated estate account titled in the estate’s name (with the executor listed as fiduciary), and use that account for all…
How can I cover the mortgage, utilities, taxes, and insurance on a house the heirs want to keep or rent during probate—can estate funds be used for those costs? – North Carolina Short Answer Often, yes—during a North Carolina probate, the executor can usually use estate funds to pay reasonable costs needed to preserve and…
