As executor, what can I do if the life tenant refuses to manage mortgage payments and the home is in foreclosure? – North Carolina Short Answer In North Carolina, an executor (personal representative) can ask the Clerk of Superior Court for an order giving the estate possession, custody, and control of the home if that…
What steps do I need to get a duplicate title when the title and registration are held out of state? – North Carolina Short Answer In North Carolina, a personal representative can usually request a duplicate North Carolina vehicle title through the N.C. Division of Motor Vehicles (DMV) even if the original paper title is…
Do I need to publish a notice to creditors if we are requesting a year’s allowance in an estate case? – North Carolina Short Answer Usually, yes. In North Carolina, when a personal representative (executor or administrator) is appointed, the personal representative generally must publish a Notice to Creditors after the clerk issues Letters, even…
What records should I request to prove my inheritance was misused (bank statements, court filings, or estate documents)? – North Carolina Short Answer In North Carolina, the most useful records usually come from (1) the estate file (what was left and who controlled it), (2) any guardianship file (how a guardian reported and proved the…
Can funeral expenses be reimbursed or credited in the probate accounting, and what proof does the court typically require? – North Carolina Short Answer Yes. In North Carolina estate administration, reasonable funeral and burial expenses are commonly treated as proper estate disbursements and can be shown in the probate accounting as a payment by the…
How do I submit receipts and documentation to the estate or personal representative to get repaid for funeral expenses? – North Carolina Short Answer In North Carolina, repayment for funeral or cremation expenses usually happens through the estate’s personal representative (executor or administrator) as an estate expense. The safest approach is to send a written…
Can the lender go after heirs for taxes, fees, or a leftover balance after the foreclosure sale? – North Carolina Short Answer Usually, a lender cannot collect a foreclosure “leftover balance” (a deficiency) from heirs personally in North Carolina unless an heir is also personally liable on the debt (for example, as a co-borrower, guarantor,…
How should a trustee handle a trust amendment where a relative living in a trust-related home is supposed to have the home treated as an early inheritance and expenses get deducted from their share? – North Carolina Short Answer In North Carolina, a trustee should follow the trust and amendment as written, document the home-related…
Can I claim unexpected funds that arrived from another estate for the decedent’s estate? – North Carolina Short Answer Yes—under North Carolina law, the personal representative (executor or administrator) can usually claim and collect money that becomes payable to the decedent’s estate, including a late distribution from another estate, as long as the decedent (or…
If my parent’s main asset is a house, do I still need probate to transfer the title to me? – North Carolina Short Answer Often, yes. In North Carolina, if the house is supposed to pass under a will, the will generally must be probated for the title to pass in a way that protects…
