What happens to the mortgaged house if we don’t open probate, and can a child become the “successor in interest” to deal with the lender? – North Carolina Short Answer In North Carolina, a mortgage does not disappear when the homeowner dies. If the payments stop, the lender can still enforce the deed of trust…
What happens to an estate if the will leaves everything to a spouse, but the spouse dies before probate is started? – North Carolina Short Answer In North Carolina, probate starting later does not “save” a gift to a spouse who died before the person who made the will. If the spouse did not survive…
What happens to the sale proceeds from estate property if the creditor claim deadline hasn’t passed yet? – North Carolina Short Answer In North Carolina probate, sale proceeds from estate property generally stay under the personal representative’s control and should be held (or reserved) until the creditor claim period runs and the personal representative can…
Do I have to open probate to sell my parent’s home, or is there another way to transfer title? – North Carolina Short Answer In North Carolina, opening a full probate estate is not always required just to transfer or sell a parent’s home after an intestate death. Title to real estate generally passes to…
Can a creditor contact me directly if I have a lawyer handling the estate matter? – North Carolina Short Answer Yes, a creditor can still try to contact an heir or family member directly, even if a lawyer is involved in the estate matter. But in North Carolina, the proper way for a creditor to…
Does living in a relative’s house for a long time give me any rights to stay there if the owner dies? – North Carolina Short Answer Usually, no. In North Carolina, living in a relative’s home for a long time does not automatically create a right to stay after the owner dies unless there is…
What’s the right way to get a new deed prepared and recorded after an inheritance settlement? – North Carolina Short Answer In North Carolina, a family settlement agreement can resolve who should receive inherited real estate, but it usually does not, by itself, update the land records. The “right way” is to (1) make sure…
What can be done to move a probate case forward if it feels like it has stalled at the clerk’s office? – North Carolina Short Answer In North Carolina, most “stalled probate” problems get moving when an interested person (or the estate’s lawyer) asks the Clerk of Superior Court for a specific order tied to…
If I was listed on a bank account with my parent, what happens to that money after my parent’s death, and can someone move it out of the joint account? – North Carolina Short Answer In North Carolina, what happens to a joint bank account after a parent’s death usually depends on whether the account…
Do I need to open a probate case to handle a checking account, retirement assets, and property transfers? – North Carolina Short Answer In North Carolina, probate is often needed to access and transfer assets that are titled only in the deceased spouse’s name—especially a checking account and real estate—because banks and the Register of…
