How can I use estate funds to pay mortgage arrears on a life estate property? – North Carolina Short Answer In North Carolina, real estate usually passes to the heirs or devisees at death, so the ongoing mortgage, tax, and insurance costs after death are typically their responsibility, not an automatic “estate expense.” Still, a…
How do I request a complete inventory if my siblings aren’t sharing estate details? – North Carolina Short Answer In North Carolina, the personal representative (the court-appointed administrator) must file an estate inventory with the Clerk of Superior Court, generally within three months after qualifying. If an heir believes the administrator is not filing required…
What steps are involved in processing a statement of estate assets after a spouse dies? – North Carolina Short Answer In North Carolina, a “statement of estate assets” is typically prepared as part of getting a deceased spouse’s estate opened with the Clerk of Superior Court and then identifying, valuing, and reporting what the estate…
Can I receive closing funds in my firm’s trust account and still split net proceeds according to our settlement agreement? – North Carolina Short Answer Yes—under North Carolina law, closing funds can be received into a law firm trust/escrow account and then disbursed according to a written settlement/closing statement, including an equal split of net…
Can we donate a mobile home from an estate and still qualify for a tax benefit? – North Carolina Short Answer Possibly, but only if the estate (through the personal representative) has legal ownership and authority to transfer the mobile home and the donation is properly documented. In North Carolina, a mobile home is often…
How do I enforce my rights as executor to collect the car and distribute the proceeds? – North Carolina Short Answer In North Carolina, the person in charge of a small estate can usually get authority from the Clerk of Superior Court to collect estate property (including a car), pay valid debts (including liens), sell…
How can I sell inherited vehicles located far away when I live out of state? – North Carolina Short Answer In North Carolina, a personal representative can usually sell estate vehicles even if the vehicles are physically located in another state, as long as the personal representative has proper authority and completes the title paperwork…
What is the process for selling inherited real estate and dividing proceeds among heirs? – North Carolina Short Answer In North Carolina, when a parent dies without a will, the heirs usually receive title to the real estate at death, but the property often cannot be sold and the proceeds divided until an estate is…
How can I claim inherited property in another state under a will from a different state? – North Carolina Short Answer In North Carolina, a beneficiary generally cannot transfer title to North Carolina real estate based only on a will signed in another state. To “claim” the property, the will (or an authenticated copy) typically…
What happens if I miss the deadline for filing the probate inventory? – North Carolina Short Answer In North Carolina, if a personal representative does not file the required probate inventory on time, the Clerk of Superior Court can start a “compel” process that can include an order to file, a show-cause hearing, and possible…
