Can I settle or refinance my parent’s car loan and get the title into my name during probate? – North Carolina Short Answer Yes, but only after you are officially appointed and receive Letters Testamentary. As executor, you may pay off the car loan with estate funds or transfer the vehicle subject to the lender’s…
What steps do I need to complete and submit inventory and accounting forms for my mother’s estate? – North Carolina Short Answer In North Carolina, the personal representative must file an inventory of the estate’s assets within three months of qualifying and then file annual accounts if the estate stays open beyond one year, followed…
How do I list life insurance policies when preparing probate forms for different decedents? – North Carolina Short Answer In North Carolina, list life insurance differently based on who gets the money. If the decedent’s estate is the beneficiary (or no beneficiary survives and the policy defaults to the estate), include the proceeds as an…
What are the requirements for filing probate documents in multiple jurisdictions? – North Carolina Short Answer In North Carolina, you file the primary (domiciliary) estate in the county where the decedent was domiciled and use ancillary administration in any other state where the decedent owned property. The personal representative must file a preliminary inventory with…
How do I enforce the expense-sharing provisions in our property sale agreement with a co-owner? – North Carolina Short Answer In North Carolina, you can enforce expense-sharing two ways: (1) as a contract claim in Superior Court if your co-owner agreed in writing to split costs and won’t pay, and (2) in a partition proceeding…
How can I prove and value the mortgage, utility, and tax payments I made for an equitable offset? – North Carolina Short Answer In a North Carolina partition case, the Clerk of Superior Court can credit a co-owner for necessary “carrying costs” paid to preserve the property—typically mortgage principal, property taxes, and hazard insurance; utilities…
Can I object to using a realtor recommended by the other co-owner if they’re related? – North Carolina Short Answer Yes. In a North Carolina partition matter, broker selection should be neutral and aimed at maximizing value for all co-owners. If the other co-owner’s recommended agent is a relative, you can object and ask the…
What happens if we can’t reach an agreement at mediation and the dispute goes to court? – North Carolina Short Answer If mediation fails in a North Carolina partition case, the dispute proceeds as a special proceeding before the Clerk of Superior Court. The clerk decides whether the property can be fairly divided in kind…
What provisions should be included in a will for a single parent with one child and real property? – North Carolina Short Answer In North Carolina, a single parent’s will should clearly: (1) name an executor and waive bond, (2) make a specific gift of the home or direct its sale with express power of…
What steps should I follow to draft a simple will when power of attorney is already in place? – North Carolina Short Answer In North Carolina, the person making the will must personally sign (or direct someone to sign in their presence) and have at least two competent witnesses sign in the testator’s presence. A…
