Category Archives: Probate Q&A Series

How do I handle paying estate debts when I don’t yet know whether the estate is solvent and there are other priority bills like funeral expenses? nc

How do I handle paying estate debts when I don’t yet know whether the estate is solvent and there are other priority bills like funeral expenses? – North Carolina Short Answer In North Carolina, a personal representative generally should not pay unsecured debts (like most credit-card balances) until the estate’s assets and higher-priority expenses are…

Can the executor reject or negotiate down creditor claims in a small estate when the debts are only in the deceased person’s name? nc

Can the executor reject or negotiate down creditor claims in a small estate when the debts are only in the deceased person’s name? – North Carolina Short Answer Yes. In North Carolina, an executor (personal representative) can question a creditor claim, ask for proof, and in many cases negotiate a settlement or deny a claim…

Once the estate is opened, what authority will I have to act on behalf of the estate in a wrongful death case? nc

Once the estate is opened, what authority will I have to act on behalf of the estate in a wrongful death case? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court appoints a personal representative (often an “administrator” in an intestate estate) and issues Letters of Administration, that personal representative…

When can I stop recurring payments and close the deceased person’s bank account, and do I need official executor paperwork first? nc

When can I stop recurring payments and close the deceased person’s bank account, and do I need official executor paperwork first? – North Carolina Short Answer In North Carolina, recurring charges tied to a deceased person’s bank account usually should be stopped as soon as the death is reported to the bank and the merchant,…

If a final account is a zero accounting, does that change the review process? nc

If a final account is a zero accounting, does that change the review process? – North Carolina Short Answer Usually, no. In North Carolina, the Clerk of Superior Court (estate division) still reviews and audits a final account even when it shows a zero ending balance. A “zero accounting” can be simpler to audit because…

Can the estate or heirs demand corporate records (like bylaws, minutes, or shareholder agreements) when the company says they are not owners? nc

Can the estate or heirs demand corporate records (like bylaws, minutes, or shareholder agreements) when the company says they are not owners? – North Carolina Short Answer Sometimes, but it depends on whether North Carolina law treats the estate as a shareholder (or as someone acting in a shareholder’s shoes) and what records are being…

How do I find out whether a timeshare owned by a deceased person is deeded real property or treated as personal property? nc

How do I find out whether a timeshare owned by a deceased person is deeded real property or treated as personal property? – North Carolina Short Answer In North Carolina, the key is whether the decedent owned a timeshare estate (treated as an interest in real estate) or a timeshare use (treated as personal property).…

Can the estate be responsible for ongoing maintenance fees or other charges while the timeshare transfer is being handled? nc

Can the estate be responsible for ongoing maintenance fees or other charges while the timeshare transfer is being handled? – North Carolina Short Answer Yes. In North Carolina, ongoing timeshare maintenance fees and assessments can continue to accrue after the owner’s death, and they are commonly treated as obligations tied to the ownership interest. If…

Can the estate sue the lender over how the loan was sold to an elderly borrower, and would that help get the debt reduced or canceled? nc

Can the estate sue the lender over how the loan was sold to an elderly borrower, and would that help get the debt reduced or canceled? – North Carolina Short Answer Sometimes, but it depends on what the lender (or sales agent) did and what the contract says. In North Carolina, a personal representative can…

If the deceased person’s family inherits everything, can I still make a claim for payment? nc

If the deceased person’s family inherits everything, can I still make a claim for payment? – North Carolina Short Answer Yes. In North Carolina, debts and valid creditor claims generally get paid from estate assets before heirs receive an inheritance, even when the deceased had no will. The key is making a timely, written creditor…