Can we divide and transfer personal items and small estate assets outside of the probate estate? – North Carolina Short Answer Yes. In North Carolina, many personal items and small-dollar assets can be transferred without opening a full probate estate using streamlined options like a collection by affidavit, DMV title assignment for vehicles, and, in…
How do I clear my deceased ex’s name from a co-signed car title so I can take ownership? – North Carolina Short Answer In North Carolina, the path depends on how the car was titled. If the title shows a joint tenancy with right of survivorship (often marked JTWROS), you usually take full ownership by…
How do I document and recover carrying costs paid on co-owned inherited property? – North Carolina Short Answer In North Carolina, a co-owner who pays necessary carrying costs (like property taxes, insurance, and essential repairs) can usually recover the other co-owner’s share as a credit in a partition case or through an equitable accounting. You…
Can I use a limited power of attorney to retrieve my daughter’s belongings from the estate? – North Carolina Short Answer In North Carolina, a limited power of attorney lets you act for your adult daughter, but it does not give you authority to enter property controlled by an estate or to take items without…
How can I recover personal effects my ex took before his death? – North Carolina Short Answer In North Carolina, items that belong to you are not part of your ex’s estate and cannot be awarded to the surviving spouse as a year’s allowance. Start by demanding return from the personal representative (or the spouse…
What steps do I need to take to claim sentimental property from the estate? – North Carolina Short Answer In North Carolina, start by telling the personal representative (executor/administrator) in writing which items you own and want returned, with proof of ownership. If the estate still claims the items, file an estate proceeding with the…
How do I access the filed will and probate records in North Carolina to confirm the life estate and remainder interest? – North Carolina Short Answer In North Carolina, once a will is admitted to probate, it is a public record kept by the Clerk of Superior Court (Estates Division) in the county of probate.…
What happens if the life tenant doesn’t pay property taxes—could the home be sold by the county? – North Carolina Short Answer Yes. In North Carolina, if the life tenant lets property taxes go delinquent, the county can foreclose the tax lien and sell the property. A tax foreclosure can wipe out both the life…
Can the life tenant sell or encumber the property during her life estate without my consent? – North Carolina Short Answer In North Carolina, a life tenant may sell or mortgage only her life estate, not your remainder interest, unless the will gives her an express power to sell the property in fee simple. Any…
Will I still inherit the remainder interest in the home after the life tenant passes if the probate was closed without transferring the title? – North Carolina Short Answer Yes. In North Carolina, when a will is probated, title to devised real estate vests in the named beneficiaries by operation of law and relates back…
