Category Archives: Probate Q&A Series

How can I enforce or complete a court-filed mediation agreement involving estate assets after a former spouse dies before all divorce issues were settled? nc

How can I enforce or complete a court-filed mediation agreement involving estate assets after a former spouse dies before all divorce issues were settled? – North Carolina Short Answer In North Carolina, a signed, written mediation settlement agreement can usually be enforced even after one party dies, but the enforcement path depends on what the…

How do I sell a deceased parent’s house if there was no will? nc

How do I sell a deceased parent’s house if there was no will? – North Carolina Short Answer In North Carolina, when a parent dies without a will, the house usually cannot be sold until the correct person has legal authority to sign the deed and closing documents. In many cases, that means opening an…

How can I find out what the estate administrator has done or failed to do over the last several years in the probate case? nc

How can I find out what the estate administrator has done or failed to do over the last several years in the probate case? – North Carolina Short Answer In North Carolina, the most direct way to see what an estate administrator has done is to review the probate file maintained by the Clerk of…

Can I sell or transfer the house if the will gives someone the right to live there? nc

Can I sell or transfer the house if the will gives someone the right to live there? – North Carolina Short Answer Usually, the house can be sold or transferred in North Carolina, but it generally cannot be delivered “free and clear” of the person’s right to live there unless that right ends or is…

Can the executor sell a house that was left as a life estate to the surviving spouse, especially if the spouse wants to stay there? nc

Can the executor sell a house that was left as a life estate to the surviving spouse, especially if the spouse wants to stay there? – North Carolina Short Answer In North Carolina, an executor usually cannot sell a house that a will specifically leaves as a life estate to the surviving spouse just because…

If I am the main beneficiary under the will, can my affidavit be used to prove the will, or does the court require someone else? nc

If I am the main beneficiary under the will, can my affidavit be used to prove the will, or does the court require someone else? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court usually needs proof from the will’s attesting witnesses (or a proper self-proving affidavit attached to the will),…

How long do creditors have to file claims against an estate, and what happens after that deadline passes? nc

How long do creditors have to file claims against an estate, and what happens after that deadline passes? – North Carolina Short Answer In North Carolina, most pre-death creditor claims must be presented within the estate’s creditor-claim window tied to the published Notice to Creditors—typically three months from the first publication date. If a creditor…

How do I prove a payment was issued but never deposited into my bank account, and who is responsible for fixing it? nc

How do I prove a payment was issued but never deposited into my bank account, and who is responsible for fixing it? – North Carolina Short Answer In North Carolina, proving a payment was “issued” but never reached an account usually requires written proof from the sender (payment date, amount, method, and a trace/reference number)…

Can you handle my probate case in my county if I live far from your office? nc

Can you handle my probate case in my county if I live far from your office? – North Carolina Short Answer Often, yes. In North Carolina, most probate work is handled through the Clerk of Superior Court in the county where the estate is being administered, and much of the attorney work can be done…

How do we access or handle the deceased person’s bank account and life insurance, especially if the spouse may not be able to manage finances? nc

How do we access or handle the deceased person’s bank account and life insurance, especially if the spouse may not be able to manage finances? – North Carolina Short Answer In North Carolina, a deceased person’s bank account usually cannot be accessed just because a family member has the paperwork. Access typically depends on how…