What happens if the estate or property case moves forward before all heirs are identified and notified? – NC Short Answer In North Carolina, an estate or property case can run into serious problems if it moves forward before all heirs are identified and properly notified. The court may require more notice, appoint someone to…
What happens if the original will can’t be found but I still need to record a new deed? – NC Short Answer In North Carolina, a copy of a will usually does not transfer title to real property by itself. To record a new deed based on the will, the will generally must first be…
What documents should be shared between attorneys to get on the same page in a multi-state estate administration? – NC Short Answer In a multi-state estate administration, the attorneys usually need to exchange the core probate papers from each jurisdiction so both offices are working from the same record. In North Carolina, that often means…
How do I get a complete vehicle title history for a deceased person during probate? – NC Short Answer In North Carolina, the personal representative of an estate can usually request DMV title records for a deceased person’s vehicle if the request identifies the vehicle and includes proof of authority, such as letters of administration.…
How do I handle a situation where a disinherited relative allegedly took assets or owes money to the estate—do I have to pursue repayment as part of administration? – NC Short Answer Usually, yes. In North Carolina, an executor must identify, gather, and protect estate assets, and that can include investigating money owed to the…
How do we notify heirs and other interested people in an estate sale when the court appoints a guardian ad litem? – NC Short Answer In North Carolina, when an estate needs court approval to sell real property and the clerk appoints a guardian ad litem, notice usually must go through the court proceeding itself…
What evidence should we provide to show the property has enough value to pay off the mortgage and avoid a rushed foreclosure sale? – NC Short Answer In North Carolina, the strongest way to show a foreclosure sale should not be rushed is to present reliable proof that the home has equity above the mortgage…
Do both co-administrators have to be present to close an estate bank account, or can one person handle it? – NC Short Answer Usually, co-administrators in North Carolina must act together unless the court letters or a court order says otherwise, so a bank may require both to sign or appear before it will close…
Can the estate transfer or sell the vehicle if the state records still show a lien that shouldn’t be there? – NC Short Answer Usually not until the lien issue is cleared or the Division of Motor Vehicles accepts proof that the lien should be released. In North Carolina, a vehicle title transfer after death…
How do I reopen a closed estate to deposit a life insurance check that’s payable to the estate? – NC Short Answer In North Carolina, a closed estate can usually be reopened when property is discovered after the final account, including a life insurance check made payable to the estate. The usual path is to…
