If there’s a big creditor claim against the estate, can the house be taken or forced to be sold, and do heirs have any options? NC

If there’s a big creditor claim against the estate, can the house be taken or forced to be sold, and do heirs have any options? – North Carolina Short Answer In North Carolina, a decedent’s debts generally must be paid before heirs receive their full inheritance, and that can include using (and sometimes selling) a…

How can I remove or replace an executor who may be acting against the beneficiaries’ interests, and can the executor be held personally responsible for missing funds? – nc

How can I remove or replace an executor who may be acting against the beneficiaries’ interests, and can the executor be held personally responsible for missing funds? – North Carolina Short Answer In North Carolina, an executor (also called a “personal representative”) can be removed or replaced through the Clerk of Superior Court overseeing the…

How will I receive the probate letters once they are issued, and how long does it usually take after the revision is filed? nc

How will I receive the probate letters once they are issued, and how long does it usually take after the revision is filed? – North Carolina Short Answer In North Carolina, probate “letters” (letters testamentary or letters of administration) are issued by the Clerk of Superior Court after the personal representative qualifies. How they are…

If my parents filed jointly and one parent died, how are any missing tax returns handled now? NC

If my parents filed jointly and one parent died, how are any missing tax returns handled now? – North Carolina Short Answer In North Carolina, any missing income tax returns from before a parent’s death are typically handled by the surviving spouse (for joint years) and/or the estate’s personal representative (for the decedent’s required filings).…

How can I close a deceased person’s brokerage account if they demand my net worth and I won’t open an account with them? nc

How can I close a deceased person’s brokerage account if they demand my net worth and I won’t open an account with them? – North Carolina Short Answer In North Carolina, a brokerage generally should not need a beneficiary’s personal net worth to transfer or close a deceased person’s account. The brokerage typically can close…

If I can’t provide clear title because the property is tied to a deceased owner’s estate, does the purchase contract become void or can the buyer try to force the sale? – nc

If I can’t provide clear title because the property is tied to a deceased owner’s estate, does the purchase contract become void or can the buyer try to force the sale? – North Carolina Short Answer In North Carolina, a buyer may try to enforce a signed real estate purchase contract even if the seller…