Can I challenge property transfers made when my parent had dementia or lacked capacity? – North Carolina Short Answer Yes. In North Carolina, heirs and other “interested persons” can often challenge lifetime property transfers (like deeds, title changes, or gifts) if the parent lacked legal capacity at the time of the transfer or if someone…
Do I need certified copies from the clerk, or can I use documents printed from the court’s online portal when handling estate tasks? – North Carolina Short Answer In North Carolina, many third parties (especially banks, title companies, and Registers of Deeds) will require certified Letters Testamentary/Letters of Administration and other probate papers, not simple…
How do I handle a timeshare after a parent dies, and do I need a separate probate case in the state where the timeshare is located? – North Carolina Short Answer In North Carolina, handling a deceased parent’s timeshare usually starts with identifying what type of timeshare interest it is and how it is titled,…
If there is a tax refund or small amount left after paying claims, who receives it when the year’s allowance and a deficiency judgment are involved? – North Carolina Short Answer In North Carolina, any money that comes into the estate (including an income tax refund that belongs to the estate) must be applied in…
Is a timeshare ownership interest treated as real property or personal property for probate purposes? – North Carolina Short Answer In North Carolina, it depends on what type of timeshare the deceased owned. A timeshare estate is treated as an interest in real estate, while a timeshare use is treated as personal property. For probate…
How can I transfer the house into my and my sibling’s names without doing a full probate and still be able to sell after the waiting period? – North Carolina Short Answer In North Carolina, a house can sometimes be put into heirs’ names without a “full probate” by probating the will (if there is…
When will funds be released to the heirs after we sign the paperwork and file everything? – North Carolina Short Answer In North Carolina probate, heirs usually receive funds when the personal representative has enough cash on hand, known debts and expenses are paid (or a reserve is set aside), and the required waiting periods…
Can I require someone living there to pay rent or move out, and what proof of authority do I need? – North Carolina Short Answer In North Carolina, the right to require an occupant of a deceased person’s property to pay rent or move out depends on who the occupant is (tenant versus non-tenant) and…
How can I transfer real estate left to a minor when the will doesn’t set up a trust or custodian? – North Carolina Short Answer In North Carolina, an executor generally cannot deed real estate directly into a Uniform Transfers to Minors Act (UTMA) custodianship unless the will (or another governing instrument) authorizes that approach.…
Who is legally allowed to communicate with the auto insurer and sign claim documents for the estate, and how do I prove that authority? – North Carolina Short Answer In North Carolina, the person legally allowed to deal with an auto insurer on behalf of a decedent’s estate is usually the court-appointed personal representative (executor…
