What documents show that I’m the legally appointed personal representative or executor? – North Carolina Short Answer In North Carolina, the document most third parties accept as proof of authority is the court-issued Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). These “letters” are issued by the…
Can we legally split off and sell only certain parcels, if the deed describes multiple tracts? – North Carolina Short Answer Often, yes—if the deed truly describes separate tracts (or lots) and the current owners have authority to convey them, North Carolina law generally allows selling the property as a whole or in parts. The…
How does a court decide to sell a deceased person’s house to pay estate debts, and can heirs object? – North Carolina Short Answer In North Carolina, a personal representative (executor or administrator) can ask the Clerk of Superior Court for permission to sell a decedent’s real property when selling it is in the best…
How can I sell a deceased parent’s cars for fair market value and use the proceeds to pay estate debts without breaching my fiduciary duties? – North Carolina Short Answer In North Carolina, the personal representative (executor/administrator) generally has authority to sell a decedent’s personal property, including vehicles, to raise cash to pay valid estate…
How do I challenge the property value used in an estate settlement—do we need an appraisal or broker price opinion? – North Carolina Short Answer In North Carolina, a settlement tied to a deceased person’s real estate interest is usually negotiated around fair market value (what a willing buyer would pay a willing seller), not…
How do I protect my share and stay informed about the estate when communication with my family has broken down? – North Carolina Short Answer In North Carolina, an heir or beneficiary can usually protect their share by getting information directly from the estate file at the Clerk of Superior Court and, when needed, asking…
How can we open a bank safe deposit box that likely holds the will if we don’t have the key, and who must be present? – North Carolina Short Answer In North Carolina, a decedent’s safe deposit box is typically sealed by the bank after death, and it usually cannot be opened unless either (1)…
If the owner died without a will, who legally inherits the land and how is each person’s share determined? – North Carolina Short Answer In North Carolina, when a landowner dies without a will, the land passes to the legal heirs under the Intestate Succession Act, not by private agreement. The surviving spouse (if any)…
How do creditor priority rules work when there are both mortgage-related claims and wage-related claims against an estate? – North Carolina Short Answer In North Carolina, a valid mortgage or deed of trust is generally treated as a secured claim that gets paid from its collateral first (the specific property or its sale proceeds), before…
What happens if a will was filed or recorded but never probated? – North Carolina Short Answer In North Carolina, a will that was merely filed for safekeeping or “recorded” without being admitted to probate usually does not do the main job people expect: it does not establish the will as valid for title purposes,…
