Category Archives: Probate Q&A Series

What happens to cars and auto insurance when the vehicles are in the deceased person’s name but a relative is driving them, including a financed or leased car titled with someone else? nc

What happens to cars and auto insurance when the vehicles are in the deceased person’s name but a relative is driving them, including a financed or leased car titled with someone else? – North Carolina Short Answer In North Carolina, a car titled in the deceased person’s name is usually an estate asset, and the…

How do I confirm the exact payoff amount owed to an inheritance-advance company during probate? nc

How do I confirm the exact payoff amount owed to an inheritance-advance company during probate? – North Carolina Short Answer In North Carolina probate, the cleanest way to confirm the exact payoff is to require a written, itemized payoff statement backed by the underlying contract and any assignment or lien documents. The personal representative (through…

Does a deed override a will when the deed is still only in the deceased person’s name? nc

Does a deed override a will when the deed is still only in the deceased person’s name? – North Carolina Short Answer In North Carolina, a deed does not “override” a will just because the deed is still in the deceased person’s name. If the deceased never signed and legally delivered a deed transferring the…

What happens if the owner died years ago and I’m only now trying to update the deed? nc

What happens if the owner died years ago and I’m only now trying to update the deed? – North Carolina Short Answer In North Carolina, a deed usually cannot be “updated” just because the owner died years ago. Title typically passed at death to the legal heirs under intestate succession, but the public records often…

What happens after the filing deadline is extended and the paperwork has to be submitted to the clerk? nc

What happens after the filing deadline is extended and the paperwork has to be submitted to the clerk? – North Carolina Short Answer In North Carolina probate, once the Clerk of Superior Court grants an extension, the next step is to file the required paperwork with the clerk by the new deadline and in the…

What can I do if I think other family members changed the will or forged signatures after my parent died? nc

What can I do if I think other family members changed the will or forged signatures after my parent died? – North Carolina Short Answer In North Carolina, a will cannot be “changed” after death in a way that becomes legally valid unless it meets the legal requirements for a will or codicil. If there…

How do I finish the estate accounting and what information does the clerk need to approve it? nc

How do I finish the estate accounting and what information does the clerk need to approve it? – North Carolina Short Answer In North Carolina, finishing an estate accounting usually means filing an Annual/Final Account with the Clerk of Superior Court that clearly shows (1) what came into the estate, (2) what was paid out,…

What happens if I can’t get the signed receipt back before the deadline? nc

What happens if I can’t get the signed receipt back before the deadline? – North Carolina Short Answer In North Carolina probate, a missing signed receipt usually does not end the estate, but it can delay distributions and delay the personal representative’s ability to file an accounting that the Clerk of Superior Court will approve.…

How do I confirm the estate is officially opened and that the right person has authority to receive funds? nc

How do I confirm the estate is officially opened and that the right person has authority to receive funds? – North Carolina Short Answer In North Carolina, an estate is “officially opened” when the Clerk of Superior Court has appointed a personal representative and issued court “letters” (Letters Testamentary for an executor named in a…

What happens if the will was signed while my parent was on medication or not mentally clear? nc

What happens if the will was signed while my parent was on medication or not mentally clear? – North Carolina Short Answer In North Carolina, a will signed while a parent was on medication or mentally unclear is not automatically invalid. The key question is whether the parent had enough mental capacity at the time…