What kind of letter will satisfy a real estate agent that I can act for my parent’s estate property? – North Carolina Short Answer In North Carolina, the document that most reliably proves authority to act for a deceased parent’s estate is a certified copy of the court-issued “Letters Testamentary” (if there is a will)…
What steps are required to sell an inherited home before the estate closes, and how do I sign at closing? – North Carolina Short Answer In North Carolina, an inherited home can often be sold before the estate closes, but the correct steps depend on who holds title and what authority the personal representative has…
Can missing estate money be recovered if someone transferred or withdrew it after the death? – North Carolina Short Answer Yes, missing estate money can often be recovered in North Carolina, but the best remedy depends on what the money was and who took it. The personal representative (executor/administrator) can ask the Clerk of Superior…
Can I list the property for sale before the creditor period ends, or do I need to wait? – North Carolina Short Answer In North Carolina, an estate can often list and even sell a decedent’s real property before the creditor claim period ends, but the sale must be handled in a way that protects…
What happens if the estate is insolvent—do unsecured credit card debts still have to be paid, and in what order? – North Carolina Short Answer In North Carolina, an insolvent estate does not pay unsecured credit card debt “first,” and it often does not pay it in full. The personal representative must pay higher-priority items…
What documents should I include to support a medical billing claim to an estate, such as proof of services, a death certificate, or account statements? – North Carolina Short Answer In North Carolina, a medical provider (or an estate representative paying a medical bill as a creditor claim) should keep enough documentation to show (1)…
How do I obtain full transaction histories and closing statements for all accounts held by the decedent, including unusual accounts like a subscriber equity interest? – North Carolina Short Answer In North Carolina, a personal representative usually obtains full transaction histories and closing statements by sending a written records request to each financial institution or…
Can the grandchildren transfer their inherited interests so only one keeps the real estate? – North Carolina Short Answer Yes—under North Carolina law, once the grandchildren have inherited undivided interests in the house, the ones who do not want to remain owners can usually transfer (deed) their shares to the one grandchild who will keep…
What steps do I take to get a declaratory judgment that my parent’s online will is invalid? – North Carolina Short Answer In North Carolina, the usual way to get a court decision that a will is invalid is a will caveat filed with the Clerk of Superior Court in the estate file after the…
What steps are needed to transfer my grandmother’s real estate to her heirs without a will? – North Carolina Short Answer In North Carolina, when someone dies without a will, the house and land generally pass to the legal heirs under the intestacy statutes, but the title is still subject to estate debts and the…
