What should I ask to figure out whether there is a will, and whether it can be challenged? – North Carolina Short Answer In North Carolina, the fastest way to figure out whether there is a will is to identify where the estate is being handled (the Clerk of Superior Court) and ask whether a…
How do I open probate in the U.S. if the person who died was a foreign citizen living here and the main asset is a bank account overseas? – North Carolina Short Answer In North Carolina, probate is opened with the Clerk of Superior Court in the county where the person was domiciled (their true…
What happens if there are loans or liens on a deceased parent’s vehicle or RV? – North Carolina Short Answer In North Carolina, a loan or lien on a deceased parent’s vehicle or RV does not disappear at death. The lienholder generally keeps its security interest in the vehicle, which means the title transfer usually…
Can a foreclosure be challenged or delayed if the lender didn’t properly notify the estate representative or follow the required process? – North Carolina Short Answer Yes. In North Carolina, most residential foreclosures use a “power of sale” process that requires a filed notice of hearing and proper service on the parties entitled to notice,…
How should a settlement agreement for selling an inherited property address repairs, cleanup, and who pays the carrying costs while we get the home ready? – North Carolina Short Answer In North Carolina, a settlement agreement to sell an inherited home during a pending partition case should clearly allocate (1) who controls the work (repairs,…
Can named beneficiaries claim a life insurance policy directly, or does it have to go through the estate? – North Carolina Short Answer In North Carolina, life insurance usually pays directly to the named beneficiary and does not have to go through the probate estate. Probate is typically only involved if the estate is the…
What do I need to show to pick up the original will that was left with the courthouse for safekeeping? – North Carolina Short Answer In North Carolina, a will left with the Clerk of Superior Court for safekeeping is not public while the person is alive, and the clerk generally releases it only through…
How do I complete and sign the affidavit of next of kin so it can be filed with the court? – North Carolina Short Answer In North Carolina, an affidavit of next of kin for an estate administration filing is usually completed by listing the decedent’s family members who would inherit under intestate succession (or…
What can I do if another heir is using an estate vehicle and refusing to cooperate with transferring the title or buying it from the estate? – North Carolina Short Answer In North Carolina, the personal representative (executor/administrator) controls estate property during administration, including vehicles, and can require the return of the vehicle, insure it,…
What documents do I need to transfer an RV and a vehicle after a parent dies? – North Carolina Short Answer In North Carolina, the documents needed to transfer an RV or other vehicle after a parent dies usually depend on (1) how the vehicle was titled and (2) whether a personal representative (executor/administrator) has…
