Can I demand my sentimental items back from the executor or surviving spouse? – North Carolina Short Answer Yes—if you can show the items are yours and not part of the decedent’s estate. In North Carolina, you cannot just take property from an estate; you must establish your right to the specific items. If the…
Should I file a small claims case or go through probate court to recover sentimental items from the estate? – North Carolina Short Answer In North Carolina, start in the probate case—not small claims—when the estate holds the items. You can either file an estate proceeding before the Clerk of Superior Court to have the…
What steps do I need to claim property from my ex’s estate if there’s no will? – North Carolina Short Answer In North Carolina, an ex-spouse has no inheritance rights, but you can still seek the return of items that belong to you. Start by demanding the property from the estate’s personal representative and reviewing…
What factors should I consider when deciding to sell the decedent’s house or let beneficiaries live there? – North Carolina Short Answer In North Carolina, the executor must first determine who holds title and whether the estate needs the house proceeds to pay claims. If the will gives a power of sale (or title to…
What steps are required to open an estate bank account using the estate EIN? – North Carolina Short Answer In North Carolina, an executor opens a dedicated estate checking account by taking certified Letters (Testamentary or of Administration) and the estate’s EIN to a bank and opening the account titled in the estate’s name. Deposit…
Can I dispute a creditor’s claim for an ambulance bill that seems incorrect? – North Carolina Short Answer Yes. In North Carolina, the executor reviews all claims and may dispute or reject a creditor’s claim that appears incorrect. A creditor must present its claim in writing by the claims deadline; if you reject the claim…
How do I publish a notice to creditors and manage claims within the statutory period? – North Carolina Short Answer In North Carolina, after you qualify as executor, you must publish a notice to creditors in a qualifying local newspaper and send personal notice to known or reasonably ascertainable creditors within 75 days. Creditors must…
How can I prove my executor authority to a bank and close the decedent’s accounts? – North Carolina Short Answer In North Carolina, you prove your authority by showing the bank certified Letters Testamentary and valid ID, then opening an estate checking account using the estate’s EIN. You can then request date‑of‑death balances, redirect incoming…
How do I prevent the body shop from holding my car hostage after unauthorized repairs? – North Carolina Short Answer In North Carolina, a repair or towing shop can claim a possessory lien and keep a vehicle until reasonable, authorized charges are paid. If the shop did work without your approval or is overcharging, you…
Who is liable for damage caused by a falling tree limb on public campus property? – North Carolina Short Answer In North Carolina, damage from a falling tree limb on a state university’s property is typically pursued under the North Carolina Tort Claims Act against the State, not in regular court. You must prove the…
