How do I determine if the decedent owed income taxes and pay those from the estate? – North Carolina Short Answer In North Carolina, a personal representative usually determines income tax issues by gathering the decedent’s prior tax records and year-of-death income documents, then confirming whether a final individual return and any estate fiduciary returns…
Can I remove my deceased parent’s name from joint bank accounts before the estate closes? – North Carolina Short Answer Sometimes, but it depends on how the account was set up. In North Carolina, a true joint account with right of survivorship generally becomes the surviving joint owner’s property at death, so the bank may…
Do all my siblings need to agree before selling estate property to satisfy the will’s bequests? – North Carolina Short Answer No. In North Carolina, whether all siblings must agree depends on who has legal authority to sell the property. If the executor has a valid power of sale under the will (or the will…
Can the administrator sell the co-owned house without my consent, and how do I ensure a neutral realtor and an arms-length sale? – North Carolina Short Answer In North Carolina, a court-appointed administrator generally cannot sell a co-owner’s share of a house without that co-owner’s consent. The administrator can usually sell only the decedent’s interest,…
How does signing a receipt for the vehicles affect my inheritance, and am I giving up any rights by doing so? – North Carolina Short Answer In North Carolina, signing a court receipt for estate vehicles is usually treated as proof that the vehicles were delivered to the intended recipient and that the personal representative…
How do we search for a possible military will, and what if it shows up after probate has already started? – North Carolina Short Answer In North Carolina, the practical way to search for a possible military will is to do a structured search of the decedent’s papers and common storage locations, request a manual…
As executor, what can I do if the life tenant refuses to manage mortgage payments and the home is in foreclosure? – North Carolina Short Answer In North Carolina, an executor (personal representative) can ask the Clerk of Superior Court for an order giving the estate possession, custody, and control of the home if that…
What steps do I need to get a duplicate title when the title and registration are held out of state? – North Carolina Short Answer In North Carolina, a personal representative can usually request a duplicate North Carolina vehicle title through the N.C. Division of Motor Vehicles (DMV) even if the original paper title is…
Do I need to publish a notice to creditors if we are requesting a year’s allowance in an estate case? – North Carolina Short Answer Usually, yes. In North Carolina, when a personal representative (executor or administrator) is appointed, the personal representative generally must publish a Notice to Creditors after the clerk issues Letters, even…
What records should I request to prove my inheritance was misused (bank statements, court filings, or estate documents)? – North Carolina Short Answer In North Carolina, the most useful records usually come from (1) the estate file (what was left and who controlled it), (2) any guardianship file (how a guardian reported and proved the…
