How can I confirm the exact fractional interest held in land as tenants in common? – North Carolina Short Answer In North Carolina, start with the recorded deed and the chain of title. The deed controls the fractional shares; if it is silent about percentages, co-owners are generally treated as holding equal undivided interests. At…
What happens to a reverse-mortgaged home titled in both spouses’ names during probate? – North Carolina Short Answer In North Carolina, a home titled to both spouses—usually as tenants by the entirety—passes automatically to the surviving spouse and does not go through probate. The reverse mortgage remains a lien on the property. The estate does…
What if more than a month passes before starting probate—will it cause legal issues? – North Carolina Short Answer North Carolina does not require you to open probate within 30 days. But delay can create problems: after 90 days, the Clerk of Superior Court may treat higher-priority relatives as having given up their right to…
What steps are required to transfer a parent’s estate interest in land to an heir during probate? – North Carolina Short Answer In North Carolina, a decedent’s share of land generally vests in the heirs or devisees at death. To transfer that share during probate, confirm how title was held, record the probate in the…
Can I avoid court fees when outstanding estate checks return to the estate account? – North Carolina Short Answer Usually, yes. In North Carolina, the Clerk assesses estate fees on personal property first reported on the inventory and on new personal property received since the last account. Returned or voided checks that were never negotiated…
How do I persuade Medicare to cover a deceased relative’s hospital bill after correcting the death date? – North Carolina Short Answer In North Carolina, get the death date corrected and then ask the provider or Medicare to reprocess the claim using the amended death certificate and medical records. The personal representative should collect itemized…
Will moving a bond into the estate instead of directly to a beneficiary trigger a taxable event? – North Carolina Short Answer In North Carolina, simply retitling or transferring a bond into the estate instead of directly to a beneficiary does not, by itself, create a tax. The taxable event usually happens when the bond…
What are the next steps once the accounting is approved in a probate case? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court approves a final estate accounting, the clerk enters an order discharging the personal representative from further duties. Before and immediately after discharge, the personal representative should ensure…
When will I receive my portion of the estate assets after debts and expenses are paid? – North Carolina Short Answer In North Carolina, heirs generally cannot receive distributions until after the creditor claim period has expired, valid claims and expenses are paid, and the administrator is ready to file a final account. The claim…
What happens if the court clerk asks for revisions to the submitted accounting? – North Carolina Short Answer In North Carolina, if the Clerk of Superior Court flags your estate accounting for revisions, you must correct the deficiencies and supply any missing documents (often vouchers and receipts) so the clerk can approve it. If problems…
