What steps do I need to take to set up and manage estate bank accounts once I’m appointed administrator? – North Carolina Short Answer In North Carolina, once the Clerk issues your Letters of Administration, get a federal EIN for the estate and open a separate estate checking account titled in the estate’s name. Deposit…
How does inheriting property subject to an existing mortgage affect my obligations and risk of foreclosure? – North Carolina Short Answer In North Carolina, heirs take title to a home at death “subject to” any existing deed of trust (mortgage). You are not personally liable on the note unless you assume it, but the lender…
How do I claim a caregiver exemption to protect the home from Medicaid reimbursement? – North Carolina Short Answer North Carolina does not provide an automatic “caregiver child” exemption to block Medicaid estate recovery. Instead, you ask the N.C. Department of Health and Human Services (DHHS) for an undue hardship waiver or deferral. The personal…
What steps do I need to take to contest Medicaid estate recovery on my parent’s property? – North Carolina Short Answer In North Carolina, Medicaid estate recovery (MERP) is a creditor claim the North Carolina Department of Health and Human Services (DHHS) can file in probate. You contest it by (1) ensuring proper notice to…
Do I have to sell the family home to repay Medicaid after caring for a parent? – North Carolina Short Answer In North Carolina, Medicaid can seek repayment from a deceased recipient’s probate estate, including the home, if other estate assets are insufficient. You do not automatically have to sell the house, but a sale…
What legal options do I have if estate heirs try to remove me from the family home? – North Carolina Short Answer In North Carolina, heirs cannot lawfully lock you out; possession changes only by court order. If you are a tenant, removal must go through a landlord–tenant case (summary ejectment). If you are not…
How do I protect my right to remain in a house that’s part of an estate sale? – North Carolina Short Answer Under North Carolina law, a court-ordered estate sale can include an order giving the personal representative or court-appointed commissioner the right to take possession and, if needed, remove occupants. If you are a…
How can I confirm who legally owns the house if the purchase never closed? – North Carolina Short Answer In North Carolina, a failed closing means title never transferred—ownership stayed with the decedent’s heirs or devisees, subject to the estate’s power to sell. In a court-supervised sale, no buyer owns the property until the Clerk…
What steps can I take to challenge a petition to sell estate property when my parent was handling the purchase? – North Carolina Short Answer In North Carolina, you challenge a sale petition by filing a written answer/objection in the special proceeding with the Clerk of Superior Court where the property sits, asking to be…
Can a probate commissioner force me to surrender keys to a property that’s still in a special sale proceeding? – North Carolina Short Answer Not by themselves. In North Carolina, a court-appointed commissioner conducts the sale, but they generally need a court order to take possession or make you hand over keys. The Clerk of…
