Can an executor take out a loan against the estate, and can heirs find out what was borrowed and why? – North Carolina Short Answer In North Carolina, a personal representative (executor) may be able to borrow money in the estate’s name or pledge estate property as collateral, but only if doing so is a…
Can an adult child bring a claim against a deceased person’s partner’s estate, and what would they need to prove? – North Carolina Short Answer In North Carolina, an adult child usually cannot sue in their own name for a death-related claim. In most situations, the claim must be brought by the personal representative of…
What happens if one heir refuses to cooperate with probate or refuses to sign paperwork to administer the estate? – North Carolina Short Answer In North Carolina, one heir usually cannot stop an estate from being opened or administered just by refusing to sign consent forms or other paperwork. The Clerk of Superior Court can…
Can co-trustees make decisions about trust-owned rental properties if they don’t agree on whether to sell or keep them? – North Carolina Short Answer Usually not if there are only two co-trustees. Under North Carolina’s default trust rules, when two co-trustees serve together, they generally must act unanimously, so a deadlock can stop a major…
What happens if the financial institution delays providing the tax paperwork needed for the estate? – North Carolina Short Answer In North Carolina, a delay from a bank or brokerage in issuing tax forms (like year-end interest/dividend statements) usually delays the estate’s ability to file required fiduciary income tax returns and, in turn, can delay…
Can I ask the court to appoint a public administrator when the heirs can’t agree on who should serve as administrator? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (the probate court) appoints the estate administrator, and the clerk can appoint a neutral, suitable person when heirs with equal priority…
Who has the legal right to sue or make claims involving an estate after someone is killed? – North Carolina Short Answer In North Carolina, the person with the legal right to bring most lawsuits on behalf of someone who has died—including a wrongful death case—is the estate’s personal representative (the executor named in a…
What happens if we discover an asset like a promissory note or loan payments that wasn’t disclosed during trust or estate administration? – North Carolina Short Answer In North Carolina, a newly discovered asset during estate or trust administration usually means the fiduciaries must (1) confirm who owns it (the estate, the trust, or someone…
What can heirs do if an executor won’t share updates, records, or an inventory of estate assets? – North Carolina Short Answer In North Carolina, heirs are not stuck if an executor refuses to share information. A practical first step is to get copies of the filed probate inventory and accountings directly from the Clerk…
What happens if an insurance company sends a payment by mistake after someone dies? – North Carolina Short Answer In North Carolina, a payment an insurance company sends by mistake after a death is usually treated as an overpayment that must be returned to the rightful payor once the mistake is discovered. If the payment…
