How can I satisfy a bank’s online notarization requirements if the signer is overseas? – North Carolina Short Answer In North Carolina, a signer who is overseas can often satisfy a bank’s “online notarization” requirement by using a North Carolina electronic notary who is registered to perform remote electronic notarizations (RON) and who uses approved…
How can I verify which assets transfer automatically to the spouse and which require court paperwork? – North Carolina Short Answer In North Carolina, some assets pass to a surviving spouse automatically because of how they are titled or because a beneficiary is named (for example, many joint accounts with survivorship, POD/TOD designations, and retirement…
What documents do I need so the mortgage lender will speak with me, provide a payoff, and let me handle the sale of the house? – North Carolina Short Answer In North Carolina, a mortgage lender will usually talk to someone other than the borrower only after receiving proof of legal authority (most commonly Letters…
How do I request extra certified copies of the will or my executor paperwork if a court, bank, or insurer asks for them? – North Carolina Short Answer In North Carolina, extra certified copies usually come from the Clerk of Superior Court (Estates) in the county where the estate was opened. The request is typically…
Can I have my siblings sign a document to give up their interest, and what kind of deed or form is typically used? – North Carolina Short Answer Yes. In North Carolina, co-heirs who inherited an undivided interest in land can usually sign a deed (most commonly a quitclaim deed) to transfer their inherited interest…
How do I claim pension or survivor benefits payable to an estate when the plan will not talk to me? – North Carolina Short Answer In North Carolina, a pension plan will usually only communicate with (and pay) the court-appointed personal representative of the estate, not a family member or other helper. The practical fix…
How are beneficiaries notified during probate, and who is responsible for sending those notices? – North Carolina Short Answer In North Carolina probate, the personal representative (the executor named in a will or the administrator appointed when there is no will) is usually responsible for giving required notices. Some notices go to creditors (by newspaper…
If the other side files more papers or tries to reenter the property, what steps can I take to stop them quickly? – North Carolina Short Answer In North Carolina, the fastest way to stop a disputed reentry or further “papering” of title is usually to file a Superior Court case affecting title (often a…
Do I have grounds to sue the funeral home or others for delays or mishandling related to my parent’s arrangements? – North Carolina Short Answer Possibly, but it depends on what went wrong, who caused the delay, and what harm resulted. In North Carolina, the funeral director who first takes custody of the body generally…
Is it proper that I reimbursed myself from the estate account for bills paid for the decedent, and what records do I need to show that? – North Carolina Short Answer Often, yes—under North Carolina estate administration practice, a personal representative can repay themselves from the estate for reasonable, necessary estate expenses they personally advanced,…
