What happens if I don’t file the will and later discover an account or property that wasn’t jointly owned? – North Carolina Short Answer In North Carolina, if a later-discovered asset was owned only in the deceased spouse’s name (or payable to the estate), a will usually must be filed and an estate process opened…
How can we sell a house when one co-owner died and the heirs can’t agree on the sale details? – North Carolina Short Answer In North Carolina, when a co-owner dies and the heirs who inherited that interest cannot agree on sale terms, the usual solution is a court-supervised process that can force a sale…
How are the proceeds from the sale of estate property used, and when (if ever) would heirs receive anything after debts are paid? – North Carolina Short Answer In North Carolina probate, sale proceeds from estate real property are generally used first to pay the costs of the sale and any liens tied to that…
When someone dies without a will, do cousins inherit if an aunt or uncle died before or after the death? – North Carolina Short Answer In North Carolina, cousins can inherit in an intestate estate (no will), but usually only if closer relatives are not living (such as a spouse, children, parents, siblings, or grandparents).…
How are proceeds from a deceased parent’s pending personal-injury claim paid out when there’s a small-estate affidavit instead of full probate? – North Carolina Short Answer In North Carolina, a pending personal-injury claim usually cannot be paid directly to an heir just because a small-estate affidavit is being used for other assets. Most insurers and…
Can anyone object to the year’s allowance, and what happens if they do? – North Carolina Short Answer Yes. In North Carolina, a year’s allowance can be challenged by any person with legal standing (including the personal representative) through an estate proceeding filed with the Clerk of Superior Court. A challenge can dispute whether the…
How do I handle my partner’s other debts like the car loan and student loans during the estate process? – North Carolina Short Answer In North Carolina, most debts that were only in the decedent’s name are handled through the estate, not by the surviving partner personally. Secured debts (like a car loan or a…
Can I be removed as executor for not filing the inventory, and how does that process work? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court can remove a court-appointed executor (personal representative) for failing to do required probate tasks, including filing the estate inventory after being ordered to do…
How does trust administration work when a company is named as trustee and the beneficiaries haven’t been contacted yet? – North Carolina Short Answer In North Carolina, a corporate trustee generally takes control of trust assets after the settlor’s death, pays appropriate expenses, and then makes distributions under the trust’s terms. Even if beneficiaries have…
What documents do we need to clear title on inherited property before a sale? – North Carolina Short Answer In North Carolina, the documents needed to “clear title” on inherited real estate usually depend on whether there was a will and whether an estate must be opened so someone has legal authority to sign the…
