How do I enforce my rights as executor to collect the car and distribute the proceeds? – North Carolina Short Answer In North Carolina, the person in charge of a small estate can usually get authority from the Clerk of Superior Court to collect estate property (including a car), pay valid debts (including liens), sell…
How can I sell inherited vehicles located far away when I live out of state? – North Carolina Short Answer In North Carolina, a personal representative can usually sell estate vehicles even if the vehicles are physically located in another state, as long as the personal representative has proper authority and completes the title paperwork…
What is the process for selling inherited real estate and dividing proceeds among heirs? – North Carolina Short Answer In North Carolina, when a parent dies without a will, the heirs usually receive title to the real estate at death, but the property often cannot be sold and the proceeds divided until an estate is…
How can I claim inherited property in another state under a will from a different state? – North Carolina Short Answer In North Carolina, a beneficiary generally cannot transfer title to North Carolina real estate based only on a will signed in another state. To “claim” the property, the will (or an authenticated copy) typically…
What happens if I miss the deadline for filing the probate inventory? – North Carolina Short Answer In North Carolina, if a personal representative does not file the required probate inventory on time, the Clerk of Superior Court can start a “compel” process that can include an order to file, a show-cause hearing, and possible…
How do bank beneficiary designations and CDs get handled when there is a will? – North Carolina Short Answer In North Carolina, a valid bank beneficiary designation (often called “POD,” payable-on-death) generally controls that account or CD, even if the will leaves that same money to someone else. In other words, many bank accounts and…
What kind of lawyer can help when identity theft issues overlap with problems accessing or locating a deceased person’s bank accounts? – North Carolina Short Answer In North Carolina, the right lawyer is usually a probate (estate administration) attorney who also handles estate fraud and contested estate proceedings. That type of attorney can help get…
How do creditors for old medical bills and a credit card get paid, and how can I find out what debts exist before distributing anything? – North Carolina Short Answer In North Carolina, valid creditor claims (including medical bills and credit cards) get paid from estate assets by the person appointed by the Clerk of…
How do POD and life insurance beneficiary designations interact with a will that divides assets differently among beneficiaries? – North Carolina Short Answer In North Carolina, POD (payable-on-death) accounts and life insurance with a named beneficiary usually pass directly to the named beneficiary and do not follow the wills different division. That means a will…
What happens if I miss the deadline to fix the marital status on the death certificate? – North Carolina Short Answer In North Carolina, there is not a single “one-size-fits-all” deadline that permanently cuts off the ability to correct the marital status on a death certificate. The practical problem is that some offices will not…
