What happens if someone living in estate property pays current rent but still owes back rent? – NC Short Answer In North Carolina, paying only the current month’s rent does not automatically erase older unpaid rent. If an occupant in estate property still owes back rent, the estate may still pursue the past-due amount and,…
How do I get a health insurance plan retroactively canceled to the date of death so earlier premium payments can be refunded? – NC Short Answer In North Carolina, a health insurance plan usually should end as of the insured’s date of death once the carrier receives proof of death and proof that the person…
How do I recover land or property I believe was wrongfully transferred out of my family’s trust or estate? – NC Short Answer In North Carolina, recovering land or other property that was wrongfully moved out of a trust or estate usually requires more than one step. A will contest can challenge whether a will…
How do I update the name on property deeds when the owner has died and the estate is being handled? – NC Short Answer In North Carolina, the name on real property records usually does not change just because an estate is opened. Title to a decedent’s real estate often passes by will or intestacy…
How do I return personal property that may belong to the estate after a death? – NC Short Answer In North Carolina, personal property that may belong to a decedent’s estate should usually be turned over to the estate’s personal representative, not informally passed to a beneficiary or kept until the estate is settled. The…
What is the difference between a partition action and a petition to sell estate property? – NC Short Answer In North Carolina, a partition action is usually a dispute between co-owners who want the court to divide or sell jointly owned property because they cannot agree what to do with it. A petition to sell…
Can I become the executor if the copy of the will names me but another heir already has authority over the estate? – NC Short Answer Maybe. In North Carolina, a person named as executor in a will copy does not automatically replace an heir who already opened the estate as an administrator. The copy…
How do I get a payoff quote for a deceased parent’s car during estate administration? – NC Short Answer In North Carolina, the person who usually gets a payoff quote for a deceased parent’s car is the estate’s duly appointed personal representative, such as the executor named in the will or the administrator appointed by…
Can a creditor repossess estate property while probate is pending? – NC Short Answer Yes. In North Carolina, probate does not automatically stop a secured creditor from enforcing a valid lien against estate property after default. If the RV loan is secured and the creditor has the right to possession under the loan documents and…
Can the estate recover a refund for insurance overpayments made after death? – NC Short Answer Yes, in North Carolina, an estate can often seek a refund for insurance premiums or related overpayments made after death if coverage should have ended and the estate has a proper representative acting for it. In most cases, the…
