What can we do if the life tenant stops paying property taxes or homeowners insurance on the property? – North Carolina Short Answer In North Carolina, a life tenant generally has the duty to pay the property taxes on the life-estate property, and a remainder beneficiary who pays those taxes can usually seek reimbursement from…
What probate forms do we need to file first when there’s a will but the surviving spouse may be disputing what they’re entitled to? – North Carolina Short Answer In North Carolina, the first step is usually opening the estate with the Clerk of Superior Court by filing the will for probate and having a…
What happens if an account is treated as partly estate property—does a portion have to be listed in the probate inventory and moved into an estate account? – North Carolina Short Answer In North Carolina, if a bank account is only partly treated as estate property, the estate-owned portion generally must be reported on the…
What reasons are strong enough to remove an executor who is not acting fairly or responsibly? – North Carolina Short Answer In North Carolina, an executor (also called a “personal representative”) can be removed when there is legal “cause” showing the executor cannot or will not carry out the job fairly and properly. Strong reasons…
How can we use a small-estate process to get authority to transfer the truck and then sell it? – North Carolina Short Answer In North Carolina, a truck titled in a deceased person’s name usually cannot be transferred just because a family member signed the title. The usual “small-estate” solution is to get authority through…
What happens to the house while the estate is being handled, and who is responsible for upkeep and bills? – North Carolina Short Answer In North Carolina, a decedent’s house usually passes to the heirs (if there is no will) or the devisees named in the will at the moment of death, even though the…
Does a will override a life-estate deed that was signed and recorded years earlier? – North Carolina Short Answer Usually, no. In North Carolina, a properly signed and recorded life-estate deed generally controls who owns the property at death because it transfers the remainder interest during life, so the property typically passes outside the will.…
How can I confirm whether the decedent was named as executor in another estate your office handled? – North Carolina Short Answer In North Carolina, the most reliable way to confirm whether a decedent was appointed (or even nominated) as executor in another person’s estate is usually to check the public estate file at the…
How do I get sealed estate letters from the court so I can move forward with the estate? – North Carolina Short Answer In North Carolina, “sealed estate letters” usually means certified Letters Testamentary (when there is a will) or Letters of Administration (when there is no will) issued by the Clerk of Superior Court…
Are vehicle title transfer fees and notary costs considered estate expenses, or are they my responsibility if the vehicles were assigned to me before I sold them? – North Carolina Short Answer In North Carolina, vehicle title transfer and notary costs are usually treated as estate administration expenses when they are incurred to transfer or…
