Category Archives: Probate Q&A Series

If a co-owner lives in the house and is paying the mortgage, do the other co-owners owe reimbursement, and does the occupant have to pay rent or just utilities? NC

If a co-owner lives in the house and is paying the mortgage, do the other co-owners owe reimbursement, and does the occupant have to pay rent or just utilities? – North Carolina Short Answer In North Carolina, co-owners generally can seek contribution for certain “carrying costs” (like mortgage payments, property taxes, insurance, and necessary repairs),…

What does the creditor notice mean, and what should I do if a company files a claim? NC

What does the creditor notice mean, and what should I do if a company files a claim? – North Carolina Short Answer In North Carolina probate, the “notice to creditors” is the estate’s public announcement that the personal representative has opened an estate and that creditors must present claims by a stated deadline. In most…

Is there any way to challenge a new will by my stepparent that leaves out stepchildren and gives everything to extended relatives? NC

Is there any way to challenge a new will by my stepparent that leaves out stepchildren and gives everything to extended relatives? – North Carolina Short Answer In North Carolina, a stepparent generally can leave property to anyone, and stepchildren usually have no automatic inheritance rights unless they are adopted or named in a valid…

How do I open a new estate with the clerk of court, and what documents do I need if there is a will or no will? NC

How do I open a new estate with the clerk of court, and what documents do I need if there is a will or no will? – North Carolina Short Answer In North Carolina, a new estate usually opens by filing the required probate/estate forms with the Clerk of Superior Court (the probate division) in…

What happens if someone impersonated a relative to open or close estate files—can those filings be voided and assets traced? NC

What happens if someone impersonated a relative to open or close estate files—can those filings be voided and assets traced? – North Carolina Short Answer In North Carolina, filings made to the Clerk of Superior Court in an estate matter based on impersonation, forged signatures, or other fraud can often be challenged. The clerk can…

How can I challenge UCC filings or liens a relative’s mortgage company put on my parents’ assets? – NC

How can I challenge UCC filings or liens a relative’s mortgage company put on my parents’ assets? – North Carolina Short Answer In North Carolina, challenging suspicious UCC filings or recorded liens usually starts by confirming exactly what was filed, where it was filed, and whether there is a real underlying debt or signed security…

If the estate’s main asset is real property, when can heirs expect a distribution and what usually has to happen first? NC

If the estate’s main asset is real property, when can heirs expect a distribution and what usually has to happen first? – North Carolina Short Answer In North Carolina, when an estate’s main asset is real property, heirs usually should not expect a clean “distribution” until the personal representative has opened the estate, given notice…

What are the steps to verify title, record deeds, and allocate a specific homeplace area promised to one heir when boundaries arent defined in the will? NC

What are the steps to verify title, record deeds, and allocate a specific homeplace area promised to one heir when boundaries arent defined in the will? – North Carolina Short Answer In North Carolina, the usual path is to (1) probate the will so it can pass title, (2) confirm who holds record title to…

How can I get a payoff statement or account history on a deceased person’s mortgage when I’m handling the estate? NC

How can I get a payoff statement or account history on a deceased person’s mortgage when I’m handling the estate? – North Carolina Short Answer In North Carolina, the safest way to obtain a deceased borrower’s mortgage payoff statement or account history is for the estate’s court-appointed personal representative (or the personal representative’s authorized attorney)…

What happens if there is no will—who handles the estate and how are assets divided? NC

What happens if there is no will—who handles the estate and how are assets divided? – North Carolina Short Answer In North Carolina, if a person dies without a valid will, the estate is handled through an “intestate” estate administration. The Clerk of Superior Court appoints an administrator (a type of personal representative) to collect…