What happens if the estate account doesn’t have enough funds to pay all debts?: North Carolina probate

What happens if the estate account doesn’t have enough funds to pay all debts? – North Carolina Short Answer In North Carolina, if an estate is short on cash, the administrator must pay debts in a strict statutory order after costs of administration and any year’s allowances. Higher-priority claims are paid first; lower-priority creditors may…

How can I prevent my parent’s creditors from forcing the sale of our family home?: North Carolina probate options

How can I prevent my parent’s creditors from forcing the sale of our family home? – North Carolina Short Answer In North Carolina, creditors cannot directly force a sale of estate real estate; a sale happens only if the personal representative (administrator) asks the Clerk of Superior Court for authority to sell because the estate…

What documents should I provide to verify my share of the rental income and appraisal?: North Carolina partition buyout checklist

What documents should I provide to verify my share of the rental income and appraisal? – North Carolina Short Answer Bring clear proof of what rent was collected, what expenses were paid, and a reliable valuation. In North Carolina partition buyouts, you typically show leases, rent rolls, bank statements, tax returns (Schedule E), property management…

How can I ensure the rental income is included in the buyout offer for our co-owned property?: Practical steps under North Carolina partition law

How can I ensure the rental income is included in the buyout offer for our co-owned property? – North Carolina Short Answer In North Carolina, co-owners can account for “rents and profits” in a buyout by agreeing to a written credit for rental income (net of agreed expenses) as part of the settlement and deed.…