Can the probate case be challenged or changed if the personal representative didn’t list all biological children? – North Carolina Short Answer Yes. In North Carolina, if someone opens an intestate (no-will) estate and leaves a biological child off the list of heirs, the omitted child can ask the Clerk of Superior Court (the probate…
Can we sell an inherited house while the probate case is still open, and who has to sign the deed for the sale to be valid? – North Carolina Short Answer Yes. In North Carolina, an inherited house can often be sold while the estate is still open, but the correct signer(s) depend on how…
Can a co-trustee use trust or rental-property funds to pay for repairs that benefit their personal home or personal expenses? – North Carolina Short Answer Usually no. Under North Carolina trust law, a co-trustee must use trust money only for proper trust purposes and must act solely in the beneficiaries’ interests, not for personal benefit.…
How do I handle a vehicle my spouse agreed to sell before death when the buyer still owes money and there’s no written contract? – North Carolina Short Answer In North Carolina, a vehicle your spouse agreed to sell before death is usually treated as an estate asset, and the personal representative can collect the…
Can a creditor keep moving forward with foreclosure while the estate administration is still being opened or finalized? – North Carolina Short Answer Often, yes. In North Carolina, a secured creditor (like a deed of trust lender) usually does not have to wait for an estate to be opened or closed to enforce its lien…
What happens if we close the estate and later discover a life insurance policy, retirement account, or unclaimed funds? – North Carolina Short Answer In North Carolina, closing an estate does not always end the story. If property is discovered later, the next step depends on whether the asset passes outside probate (like many life…
Can I be appointed to handle my in-law’s estate if the closest blood relatives are unavailable or can’t be located? – North Carolina Short Answer Sometimes, but not automatically. In North Carolina, the Clerk of Superior Court (the probate court) usually gives priority to the closest heirs to serve as the estate’s administrator when there…
If an unknown person is paying the property taxes, does that give them any rights to the property or affect who inherits it? – North Carolina Short Answer In North Carolina, simply paying someone else’s property taxes usually does not give the payer ownership rights and does not change who inherits the property under intestacy.…
When is a spousal allowance enough versus needing to open a full estate administration? – North Carolina Short Answer In North Carolina, a spouse’s allowance (often called a “year’s allowance”) can be enough when the surviving spouse mainly needs quick access to up to $60,000 of the decedent’s personal property and there are few or…
How do I handle an item of jewelry being held for a minor so it counts toward the minor’s inheritance share? – North Carolina Short Answer In North Carolina, a personal representative can usually treat jewelry being held for a minor as part of that minor’s inheritance by making a documented, irrevocable transfer of the…
