Can I recover my repair costs if I only have liability insurance and the city’s insurer is dragging its feet? – North Carolina Short Answer Yes—under North Carolina law you can pursue payment from the public entity responsible for the property if its negligence caused the damage. For a state university, you file a claim…
How can I hold the city responsible for repairs when a tree branch fell on my car? – North Carolina Short Answer In North Carolina, who you pursue depends on who owns/maintains the tree. If it’s a state property (like a UNC-system campus), you file a negligence claim under the North Carolina Tort Claims Act…
What steps should I take to pursue a delayed property damage claim against a state-funded school? – North Carolina Short Answer In North Carolina, property damage claims against a state-funded university must be filed with the North Carolina Industrial Commission under the Tort Claims Act—not in regular court. You must show the State’s negligence caused…
How do I verify or contest unsecured creditor claims like a bank account or store card balance against the estate? – North Carolina Short Answer In North Carolina, a creditor must submit a written claim to the personal representative (PR) or the clerk by the deadline in the published notice to creditors. The PR can…
What steps should I take to avoid breaching my fiduciary duty when distributing estate assets? – North Carolina Short Answer In North Carolina, a personal representative avoids breach by: (1) keeping estate funds separate, (2) giving proper creditor notice and waiting (or holding a reserve) before distributing, (3) filing required inventories and accounts on time,…
How can I ensure the proceeds from the sale of a decedent’s property are properly held until the creditor notice period ends? – North Carolina Short Answer In North Carolina, keep sale proceeds segregated and undistributed until the creditor claim period closes. Publish a general notice to creditors and mail personal notices to known creditors,…
How can we compel the sale of a co-owned inherited house if a 50% heir lives there and won’t agree to sell? – North Carolina Short Answer In North Carolina, a co-owner can file a partition action with the Clerk of Superior Court in the county where the home sits. The court will first consider…
What happens if we let the house go through foreclosure—can we later recover surplus funds and how? – North Carolina Short Answer Yes. In North Carolina, if a foreclosure sale brings in more than what’s needed to pay the costs of sale and all liens, the extra (the “surplus”) belongs to the property’s owner—here, the…
What are our obligations for paying the mortgage and utilities on the inherited property during probate? – North Carolina Short Answer In North Carolina, heirs receive title to a decedent’s real estate at death and are generally responsible for ongoing property expenses like the mortgage, taxes, insurance, and utilities. The estate does not have to…
Can we use the small estate procedure for a mortgaged house with minimal assets and how long would it take? – North Carolina Short Answer In North Carolina, you can use the small estate “collection by affidavit” to collect the decedent’s personal property if the net value of personal property is $20,000 or less and…
