How can I get a duplicate vehicle title from the agency if the mailed title never arrives? – North Carolina Short Answer In North Carolina, a missing vehicle title can usually be handled by applying to the North Carolina Division of Motor Vehicles (NCDMV) for a duplicate title. North Carolina law allows the vehicle’s owner…
What if estate property is sold to a family member for too little—can I recover the loss from the administrator personally? – North Carolina Short Answer Yes—under North Carolina law, an administrator (personal representative) can be held personally responsible when estate property is sold for an unfairly low price or the sale benefits a family…
What steps do I take to get a year’s allowance as a surviving spouse if we were separated but never filed for divorce? – North Carolina Short Answer In North Carolina, a surviving spouse can request a spouse’s year’s allowance even if the spouses were separated, as long as an absolute divorce was never entered…
How does the year’s allowance work in an intestate estate when there are significant medical bills and limited assets? – North Carolina Short Answer In North Carolina, a surviving spouse can claim a $60,000 years allowance from the decedents personal property even when the decedent died without a will, and that allowance is generally protected…
What documents do I need to submit to the insurance company to release the death benefit? – North Carolina Short Answer In North Carolina, an insurance company usually releases a life insurance death benefit after receiving (1) a completed claim form, (2) a certified copy of the death certificate, and (3) the original policy (or…
Can we leave household furniture off the inventory when all heirs agree on division? – North Carolina Short Answer Usually, no. In North Carolina, a personal representative generally must list the decedent’s personal property (including household furniture and personal effects) on the 90-day inventory, even if all heirs agree on how to divide it. The…
How should I document and value household items for the court inventory, and should I separate undisputed, disputed, and joint items? – North Carolina Short Answer In North Carolina, the personal representative should list household items that are part of the probate estate at their fair market value as of the date of death and…
Can I be appointed to handle the estate if other relatives disagree? – North Carolina Short Answer Yes. In North Carolina, the person who “handles the estate” (the personal representative) is appointed by the Clerk of Superior Court, not by family vote. If the estate has a will, the clerk usually appoints the executor named…
How do I request a certified copy of an existing probate file, and who is allowed to obtain it? – North Carolina Short Answer In North Carolina, probate files kept by the Clerk of Superior Court are generally public records once a will or estate file is opened, so any person can usually inspect the…
What can I legally say or do if the estranged spouse keeps demanding access to the house, vehicles, or bank accounts before the estate is opened? – North Carolina Short Answer In North Carolina, before an estate is opened and a personal representative is appointed, no family member has legal authority to hand over, sell,…
