How do I verify whether the mortgage amount and loan paperwork are accurate or potentially fraudulent? – North Carolina Short Answer In North Carolina, the most reliable way to verify a mortgage amount and loan paperwork is to compare (1) the recorded deed of trust and related filings at the county Register of Deeds, (2)…
Can I require the executor to notify me and limit visits during certain hours if showings disrupt my family? – North Carolina Short Answer Sometimes. In North Carolina, an executor (personal representative) has duties to protect estate property and may need access to market and sell a home, but that does not automatically mean unlimited,…
What happens if the court or an heir challenges the value I put on the condo in the probate filing? – North Carolina Short Answer In North Carolina, if the condo value listed in the estate inventory is challenged, the issue is usually handled through the Clerk of Superior Court overseeing the estate. The clerk…
What happens if mediation fails—do we pause the sale and go to court to resolve ownership and reimbursement issues? – North Carolina Short Answer In North Carolina, if mediation does not resolve a dispute over who has an interest in estate real estate (or who should be reimbursed from sale proceeds), the matter typically moves…
What is the deadline for creditor claims after death and how do we handle a small medical bill filed after that period? – North Carolina Short Answer In North Carolina, most debts that existed before death must be presented to the personal representative (or filed with the Clerk of Superior Court) by the deadline stated…
How do we sell a mortgaged home co-owned with an ex-spouse and divide the proceeds? – North Carolina Short Answer In North Carolina, a mortgaged home co-owned with an ex-spouse usually can be sold only if all current owners sign the sale documents (or a court orders a sale). At closing, the mortgage gets paid…
Can criminal charges arise if a squatter refuses to leave inherited property? – North Carolina Short Answer Yes, criminal charges can arise in North Carolina, but usually only after a clear legal right to possession is established and the occupant has been properly ordered to leave or properly notified. A person who stays after a…
If I sell estate real estate to an heir for more than the mortgage payoff to cover estate costs, is that allowed as long as it’s properly documented? – North Carolina Short Answer Yes—under North Carolina probate practice, estate real estate can be sold to an heir for more than the mortgage payoff, and the…
Can I challenge transactions an agent made under a power of attorney before death if they closed accounts, changed beneficiaries, or retitled property? – North Carolina Short Answer Yes. In North Carolina, transactions an agent made under a power of attorney (POA) before the principal’s death can be challenged if the agent exceeded the POA’s…
Can a reverse mortgage be paused while I prepare for a sale, and what proof does the reverse mortgage company need that a sale is in progress? – North Carolina Short Answer Under North Carolina law, a reverse mortgage typically becomes due after the borrower dies and the home is no longer the principal residence…
