How do we complete the estate inventory if we don’t know what bank accounts my parent had, and how can we find them? – North Carolina Short Answer In North Carolina, the personal representative must make a good-faith effort to identify, gather, and list the decedent’s probate assets on the estate inventory, even when some…
Can I challenge a will if it was signed shortly before death and the changes are drastic? – North Carolina Short Answer Yes. In North Carolina, a last-minute will with major changes can be challenged through a will contest called a “caveat,” usually filed with the Clerk of Superior Court in the estate file. Timing…
What steps have to happen in probate before an estate can sell a deceased owner’s interest in an LLC? – North Carolina Short Answer In North Carolina, an estate generally needs an appointed personal representative (executor/administrator) with Letters issued by the Clerk of Superior Court before the estate can sign a binding sale of the…
Do I need to file a final income tax return for my deceased grandparent if there wasn’t enough taxable income? – North Carolina Short Answer In North Carolina, a final state income tax return is generally required only if the deceased person’s gross income for the year (through the date of death) exceeds the filing…
How can I make a creditor claim if the deceased person’s estate was never formally opened? – North Carolina Short Answer In North Carolina, a creditor generally cannot file a formal “estate claim” until there is a personal representative (executor/administrator) or a collector to receive it. If no estate has been opened, the practical path…
How do I protect myself from liability if firearms that belonged to the deceased are missing or possibly stolen? – North Carolina Short Answer In North Carolina, the safest way to reduce personal liability when a deceased person’s firearms are missing is to (1) avoid taking possession or moving them unnecessarily, (2) promptly document what…
Since we weren’t married, what rights do I have to stay in the house and eventually get the title transferred if the home is only in my partner’s name? – North Carolina Short Answer In North Carolina, an unmarried partner does not automatically inherit a house titled only in the deceased partner’s name. If the…
If I only want to buy the equipment and inventory (not the LLC), how do I make sure those assets aren’t still tied to the business loan or other creditor claims? – North Carolina Short Answer In North Carolina, buying only the equipment and inventory (an “asset purchase”) does not automatically cut off a lender’s…
How do I handle a creditor claim from a relative that doesn’t include receipts, invoices, or proof my parent owed the money? – North Carolina Short Answer In North Carolina estate administration, a personal representative can require a creditor—including a relative—to provide enough detail and support to show the debt is real, owed by the…
Can a fiancé challenge what gets included in the estate inventory or how assets are valued? – North Carolina Short Answer In North Carolina, a fiancé usually cannot challenge an estate inventory or asset values just because of the engagement. The Clerk of Superior Court generally hears inventory and accounting disputes, and the people with…
