Without formal appointment, can I talk to the lender or foreclosure attorney about the estate property, and what authority do I have? – North Carolina Short Answer In North Carolina, a person who has not yet been appointed and issued letters as the estate’s personal representative usually has no legal authority to negotiate, bind the…
What forms and notices are required to get a hearing date for a year’s allowance, and who must be served? – North Carolina Short Answer In North Carolina, most year’s allowance requests are handled by filing an application with the Clerk of Superior Court (often on AOC-E-100), and the clerk may sign an order without…
When someone dies, do appliances and other household items usually stay with the house sale, or can one heir claim them as separate property? – North Carolina Short Answer In North Carolina, most household items (furniture, dishes, décor, and many appliances) are personal property and belong to the estate, not automatically to the house sale.…
Can I negotiate a filed credit card claim against the estate for less, and what documents show that the estate has limited assets? – North Carolina Short Answer Yes. In North Carolina, a personal representative (or collector) can often negotiate a filed credit card claim for less, especially when the estate has limited probate assets…
Do we need a formal appraisal or other valuation before a beneficiary can buy out another beneficiary’s share of an inherited home? – North Carolina Short Answer No. North Carolina law does not require a formal appraisal in every beneficiary buyout of an inherited home. In practice, some reliable valuation is still important because the…
Can a bank refuse to email estate account statements and only send them by fax, and what are my options if I need them electronically? – North Carolina Short Answer In North Carolina, a bank will often control the delivery method for estate account statements unless a law, court order, or the account’s own delivery…
How long does it usually take for a brokerage to transfer assets to beneficiaries, and are there tax forms I should expect? – North Carolina Short Answer In North Carolina, the timeline depends on whether the brokerage account passes outside probate (for example, a transfer-on-death (TOD) beneficiary designation) or must be moved into an estate…
If no beneficiary is listed on the account, does it have to go through probate before assets can be released? – North Carolina Short Answer In North Carolina, if a brokerage account has no valid beneficiary (for example, no TOD/POD designation) and is not owned in a way that passes automatically at death, the financial…
What happens if my parent died without a will and the only assets are a bank account and a vehicle? – North Carolina Short Answer In North Carolina, when someone dies without a will (intestate) and the only assets are a bank account and a vehicle, the heirs often can transfer or collect those assets…
How do I figure out who counts as next of kin for a deceased person? – North Carolina Short Answer In North Carolina, “next of kin” usually means the people who would inherit if the person died without a valid will. The order generally starts with a surviving spouse and children (or other descendants), then…
