What steps can I take to stop the foreclosure sale on decedent’s home while the estate remains unopened?: North Carolina guidance

What steps can I take to stop the foreclosure sale on decedent’s home while the estate remains unopened? – North Carolina Short Answer In North Carolina, you can try to pause a foreclosure by (1) getting someone quickly appointed to act for the estate (a personal representative or a temporary “collector”), (2) asking the Clerk…

How can I handle a debt discharge with the SBA that creates taxable income for my estate?: Practical steps under North Carolina probate law

How can I handle a debt discharge with the SBA that creates taxable income for my estate? – North Carolina Short Answer In North Carolina, a personal representative must pay estate expenses in the statutory order, with costs of administration first and federal claims (like an SBA claim) high in priority. A debt discharge can…

What steps do I need to prepare and file estate and corporate tax returns after a debt discharge?: Practical steps for North Carolina estates with closely held business interests

What steps do I need to prepare and file estate and corporate tax returns after a debt discharge? – North Carolina Short Answer In North Carolina, the personal representative must gather prior tax records, determine where any cancellation of debt income belongs (estate vs. company), and file the decedent’s final individual returns and the estate’s…

Can I settle an SBA claim against the estate when its assets are largely illiquid?: North Carolina probate answer

Can I settle an SBA claim against the estate when its assets are largely illiquid? – North Carolina Short Answer Yes. In North Carolina, a personal representative may negotiate and settle creditor claims, including an SBA debt, but must follow the state’s claims‑priority rules and protect all interested parties. When the estate is illiquid, you…

Can I list and sell a decedent’s property without court approval to satisfy debts?: Clear guidance under North Carolina law

Can I list and sell a decedent’s property without court approval to satisfy debts? – North Carolina Short Answer In North Carolina, a personal representative may sell a decedent’s real property without court approval only if the will clearly authorizes a sale (for example, an express power of sale or incorporation of statutory powers) and…

How do I open probate for both parents when neither left a will and one served as personal representative of the other’s estate?: Answered for North Carolina

How do I open probate for both parents when neither left a will and one served as personal representative of the other’s estate? – North Carolina Short Answer In North Carolina, you open two intestate estates: (1) appoint a successor administrator de bonis non to finish the first parent’s estate (because the prior personal representative…