What happens if a bank keeps delaying or refusing to process estate paperwork even after I provide what they asked for? – North Carolina Short Answer In North Carolina, a bank will usually not complete estate paperwork or release estate funds until it is satisfied that the person making the request has legal authority and…
Can the land be transferred if there wasn’t a will, and what is the process? – North Carolina Short Answer Yes. In North Carolina, land owned by someone who dies without a will generally passes to the legal heirs under the intestate succession laws, but the transfer still has to be documented correctly. In many…
How do I deal with the mortgage lender or foreclosure case while the estate is pending? – North Carolina Short Answer In North Carolina, the most practical way to deal with a mortgage lender or an active foreclosure after a homeowner dies is to get an estate opened and have a personal representative (administrator) appointed…
Can I legally remove a deceased parent’s name from a joint bank account, and do I still need to report that account during probate? – North Carolina Short Answer In North Carolina, a surviving joint account owner can usually have the bank update the account after a parent’s death by providing a certified death certificate…
How can I find out if another family member has filed paperwork to be the administrator of my parent’s estate? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (Estates Division) in the county where the parent lived usually handles estate-opening paperwork and issues “letters of administration.” To find out whether…
Can the executor request tax transcripts and records to confirm whether the deceased owed taxes or needed to file returns? – North Carolina Short Answer Yes. In North Carolina, a court-appointed executor or administrator (the “personal representative”) can request federal tax transcripts and copies of prior returns to confirm what was filed, what income was…
How does an abandonment situation affect whether a surviving spouse is treated as a spouse in probate paperwork? – North Carolina Short Answer In North Carolina, a person can still be legally married at death even if the couple separated and never divorced. But if the surviving spouse willfully and without just cause abandoned the…
How can I get the trustee to communicate and provide information about the trust administration? – North Carolina Short Answer In North Carolina, a trustee generally must keep qualified beneficiaries reasonably informed and must provide trust information and reports at reasonable times. A practical first step is a clear written demand for specific documents and…
Can my surviving parent sign paperwork through a power of attorney to transfer their interest in the inherited house? – North Carolina Short Answer Often, yes—under North Carolina law, a surviving parent can usually have an agent sign a deed on the parent’s behalf using a valid power of attorney (POA), as long as the…
What happens to a deceased person’s credit card debt if the creditor says it was written off? – North Carolina Short Answer In North Carolina, a creditor saying a deceased person’s credit card debt was “written off” usually means the creditor treated it as a loss for accounting purposes, not that the legal obligation automatically…
