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…
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…
