What steps do I need to list and sell my mother’s house held in trust? – North Carolina Short Answer In North Carolina, a trustee usually can list and sell trust-owned real estate without a court order if the trust or state law gives the trustee power to sell. Use a Certification of Trust and…
How can I sell trust property without filing a court petition? – North Carolina Short Answer In North Carolina, a trustee can usually sell trust-owned real estate without filing a court petition if the trust document authorizes it or, if silent, the default trust statutes give that power. Use a Certification of Trust at closing…
Can I force the decedent’s family to use life insurance proceeds to pay his debts? – North Carolina Short Answer In North Carolina, you generally cannot force a life insurance beneficiary to use the payout to pay the decedent’s debts. Life insurance proceeds paid to a named beneficiary are typically not part of the probate…
How can I stop a creditor or mechanic from placing a lien on my vehicle without my consent? – North Carolina Short Answer In North Carolina, a creditor cannot simply record a lien on your car title without your signature or a court process. Mechanics and towing/storage companies can claim a statutory lien only if…
What can I do if decedent’s family is hiding my vehicle to prevent me from repossessing it? – North Carolina Short Answer In North Carolina, if a vehicle is titled to two people as joint tenants with right of survivorship, the surviving co-owner becomes the sole owner at the other owner’s death. You do not…
How do I prove I’m the sole owner of the truck after my co-owner died? – North Carolina Short Answer In North Carolina, if a truck is titled to two people with a right of survivorship, the surviving owner becomes the sole owner at the moment of the other owner’s death. You normally prove this…
How can I petition the court to be appointed administrator of my father’s estate when no inventory has been filed? – North Carolina Short Answer In North Carolina, you file an Application for Letters of Administration with the Clerk of Superior Court in the county where your father lived. If no one with higher priority…
How do I assert my rights as next of kin to claim my father’s belongings from my stepbrother? – North Carolina Short Answer In North Carolina, a child of an intestate decedent has priority to be appointed as administrator and, once appointed, has the legal power to collect and protect the estate’s belongings. If an…
What steps do I take to require a full inventory and accounting of personal property like tools and reenactment gear? – North Carolina Short Answer In North Carolina, the personal representative must file a full inventory within three months after qualifying and file annual/final accounts. If that has not happened, an heir can ask the…
Can I open my stepmother’s estate to help recover assets that rightfully belong to my father’s estate? – North Carolina Short Answer Yes, but the most effective first step is to be appointed administrator of your father’s estate. As administrator, you can compel an inventory, seek removal of an inactive representative, and bring proceedings to…
