Who is responsible for property taxes for the year of death when I plan to disclaim my share and my sibling occupies the home? – North Carolina Short Answer In North Carolina, property taxes are a charge against the real estate for the tax year, and they are typically handled as part of the estate’s…
Can closing funds be issued directly to the estate to cover the outstanding loan payoff? – North Carolina Short Answer Usually, the payoff at a North Carolina real estate closing is paid directly to the lender from the settlement agent’s trust account, not to the estate. If the payoff figure is not available at closing,…
Am I personally responsible for a foreclosure or mortgage debt that was in the deceased person’s name? – North Carolina Short Answer Usually not. In North Carolina, a mortgage and foreclosure are typically enforced against the property and the deceased person’s estate—not against family members—unless a person also signed the note, guaranteed the debt, or…
What steps do I take to locate and list my parent’s bank accounts and life insurance policies for the estate? – North Carolina Short Answer In North Carolina, the cleanest way to locate and list a parent’s bank accounts and life insurance policies is to (1) get appointed as the estate’s personal representative through the…
Do the joint bank accounts automatically belong to me, or do they have to go through probate? – North Carolina Short Answer In North Carolina, a joint bank account usually passes directly to the surviving joint owner if the account was set up with a right of survivorship. In that situation, the funds typically do…
How are a home with unknown equity, a possible home loan, and a vehicle in police custody handled during estate administration? – North Carolina Short Answer In North Carolina estate administration, a home and a vehicle are handled based on whether they are probate assets, whether there are liens (like a mortgage or car lien),…
Do I need a court order to amend a death certificate, and what proof should I submit? – North Carolina Short Answer Usually, no. In North Carolina, most death certificate corrections are handled through a request for amendment with the State Registrar (Vital Records), using the form and proof Vital Records requires. A court order…
What documents will the recorder require to accept a deed from an estate, and will letters of administration or the will be enough? – North Carolina Short Answer In North Carolina, the Register of Deeds usually will not accept a “deed from an estate” based on a will or letters alone. The recorder typically needs…
Can they combine my grandparent’s and my parent’s estates to use funds to cover my parent’s obligations, and how do I stop that? – North Carolina Short Answer Usually, no. In North Carolina, a grandparent’s estate and a parent’s estate are separate legal administrations, and one estate generally cannot be used to pay the other…
If a will said the siblings get a specific house, how do I enforce that and claim my share from the sale proceeds? – North Carolina Short Answer In North Carolina, enforcing a will’s gift of a specific house usually starts by making sure the will is properly probated with the Clerk of Superior Court…
