What happens if the person who holds title tries to take me to court to remove me from the property? – NC Short Answer In North Carolina, the answer usually turns on what the will actually gave the surviving spouse and whether that right was properly created and preserved. If a will gave the surviving…
How do I open an ancillary probate case for property located in another state when my spouse died without a will? – NC Short Answer In North Carolina, an ancillary probate case for a nonresident spouse who died without a will is usually opened with the Clerk of Superior Court in the North Carolina county…
What happens to a bank account in another state when someone dies without a will? – NC Short Answer Usually, a bank account located in another state is handled under the law and probate process of the state where that account is being administered, not through a North Carolina intestate estate alone. If the deceased…
Do I need an estate opened to settle a wrongful death claim and distribute the proceeds? – NC Short Answer Usually, yes. In North Carolina, a wrongful death claim must be brought and settled by the decedent’s personal representative, so an estate proceeding is often needed to have an administrator or executor appointed. But the…
Can I get the estate’s EIN from the lawyer handling the estate if I am a current client? – NC Short Answer Usually, yes. In North Carolina, if the law firm represents the estate through the duly appointed personal representative and the person asking is that current client in that role, the lawyer can usually…
Can the estate’s lawyer hold the remaining estate funds in a trust account and send the distribution checks to the beneficiaries? – North Carolina Short Answer Usually, yes. In North Carolina, once the estate is ready for final distribution, the personal representative may work through the estate’s lawyer to move remaining estate funds into the…
Can prior notice to creditors in one jurisdiction satisfy or reduce publication requirements in another jurisdiction? – NC Short Answer Usually no. In North Carolina probate, an estate opened here generally must follow North Carolina’s own notice-to-creditors process, even if a related estate in another jurisdiction already published notice and no claims were filed there.…
How do I handle a bank account that is located in another jurisdiction after someone passes away? – NC Short Answer In North Carolina, a bank account in another jurisdiction is usually handled through the estate opened in the decedent’s home state, with a second proceeding only if the other jurisdiction requires it. Personal property…
What debts do I need to pay from the estate, and do medical bills have to be paid in a specific order? – NC Short Answer In North Carolina, an administrator does not pay every bill that arrives right away. Estate debts are paid only from probate estate assets, and they must be handled in…
Can an estate be reopened or corrected if someone gave the court wrong information about who the children are? – NC Short Answer Yes. In North Carolina, an estate filing can often be corrected if the clerk was given wrong information about who the decedent’s children or heirs are, especially in an intestate estate. The…
