What happens if the notary was the partner of the person benefiting from the transfer—does that invalidate the notarization? – North Carolina Short Answer In North Carolina, the fact that a notary is the partner of someone who benefits from a deed or other transfer does not automatically invalidate the notarization. The key issue is…
How do I make a claim for hospital indemnity or accidental death benefits and what proof will insurers require? – North Carolina Short Answer In North Carolina, hospital indemnity and accidental death benefit claims are usually made by contacting the insurer (or the employer/plan administrator if the coverage was through work), requesting the claim packet,…
Are transactions I completed using the incorrect letters still valid, or do I need to redo anything after the letters are fixed? – North Carolina Short Answer Often, routine estate transactions completed while a personal representative had valid authority are still effective even if the Letters later get corrected for a name or similar “scrivener”…
What are my duties as the only available heir when settling potential debts of an estate? – North Carolina Short Answer In North Carolina, an heir does not automatically have a legal duty to find and pay a deceased person’s debts. Debts generally get handled through an estate process run by a court-appointed personal representative…
Can I recover funeral expenses from a funeral benefit certificate during estate administration? – North Carolina Short Answer Sometimes. In North Carolina, funeral expenses are generally a debt of the decedent’s estate, and the person who paid them can usually file a claim for reimbursement in the estate administration process. But whether a “funeral benefit…
What should I do if a clerk issues an assignment of title and payment order without any supporting documentation? – North Carolina Short Answer In North Carolina, the safest response is to get the full estate file, confirm what request (if any) supported the clerk’s order, and then promptly ask the Clerk of Superior Court…
How can I legally get back an estate truck that my sibling is using without transferring the title? – North Carolina Short Answer In North Carolina, an executor generally has the legal right (and duty) to collect and control estate property, including a truck still titled in the decedent’s name, so it can be administered…
What is the process to enforce a will that names me as an heir? – North Carolina Short Answer In North Carolina, an heir or beneficiary generally cannot “enforce” a will until the will is filed with the Clerk of Superior Court and the Clerk issues authority (letters) to a personal representative (usually the executor…
If I use personal funds to pay the debt on the trailer, will I get clear title or reimbursement from the estate? – North Carolina Short Answer Not automatically. In North Carolina, paying the remaining balance on a decedent’s rent-to-own or financed trailer may help prevent repossession and may allow a later title transfer, but…
Can an executor request the proof of publication directly, and what information will the newspaper need to locate it? – North Carolina Short Answer Yes. In North Carolina, an executor (personal representative) can contact the newspaper’s legal advertising department and request a copy of the affidavit (proof) of publication for the notice to creditors. To…
