Can a year’s allowance include children who were not legally adopted but were supported and claimed on taxes? – North Carolina Short Answer Yes, sometimes. In North Carolina, a child can qualify for a child’s year’s allowance even without a legal adoption if the decedent stood in loco parentis to the child at the time…
As the estate administrator, what expenses can I get reimbursed for (travel, taxes, insurance, loan payments), and what proof do I need to submit? – North Carolina Short Answer In North Carolina, a court-appointed estate administrator can usually be reimbursed from estate funds for reasonable, necessary expenses that were properly incurred to collect, protect, manage,…
If the house has an HVAC lease the decedent signed, am I obligated to keep it, or can I negotiate a payoff and get it removed from the property obligations? – North Carolina Short Answer In North Carolina, an HVAC “lease” signed by the decedent is usually a contract obligation that can follow the estate…
How can I take over probate proceedings if my sibling who was handling the case is incapacitated? – North Carolina Short Answer In North Carolina, probate is controlled by the Clerk of Superior Court (the judge of probate), and only the court-appointed personal representative has legal authority to “handle the case.” If the sibling who…
What happens if a debt collector demands payment before probate is closed? – North Carolina Short Answer In North Carolina, a debt collector can ask for payment during probate, but that demand does not automatically mean the estate must pay immediately. Most unsecured claims must be presented in the proper way and within the estate’s…
Does a backup beneficiary named in a will take over if the primary beneficiary dies after the willmaker, or does the primary beneficiarys estate receive the inheritance? – North Carolina Short Answer In North Carolina, if the primary beneficiary survives the will-maker long enough to be treated as having survived under the 120-hour rule (and…
What happens if a power of attorney sold a parent’s house but never accounted for the money? – North Carolina Short Answer In North Carolina, a power of attorney (the “agent”) owes the parent (the “principal”) a fiduciary duty to act in the parent’s best interest, keep records, and be able to explain what happened…
Should we complete a distribution or custodial deed before closing the estate, and who must sign to avoid future title problems? – North Carolina Short Answer In North Carolina, it is usually best practice to record the deed that puts the real estate into the correct long-term ownership (including a custodianship for a minor) before…
How do I handle the deceased tenant’s lease termination and any unpaid rent through the estate? – North Carolina Short Answer In North Carolina, a tenant’s death does not automatically erase lease obligations, but it often changes how rent is handled and who can act. Unpaid rent and lease-related charges are typically treated as claims…
How can I find the original will if family members aren’t sure where to look? – North Carolina Short Answer In North Carolina, the search for an original will usually starts with a practical “paper trail” search (home papers, safe deposit box, and the lawyer who drafted it) and a check with the Clerk of…
