How can I verify who has the legal right to live in the home that is part of an estate? – North Carolina Short Answer In North Carolina, verifying who has the legal right to live in a home connected to an estate usually starts with two checks: (1) who holds title to the property…
How can I get an estate closed when a hospital or collector won’t file a satisfaction even though the bill was paid? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court generally closes an estate only after the personal representative files a Final Account supported by vouchers showing that estate debts…
What documents should I provide the auto insurer to move the claim forward, like a death certificate or letters of administration? – North Carolina Short Answer In North Carolina, an auto insurer usually will not release claim funds payable to an estate (or let someone sign a settlement release for the estate) until the insurer…
If the will says debts are paid from sale proceeds, do I need court approval before selling and distributing what’s left? – North Carolina Short Answer Not always. In North Carolina, a personal representative can often sell a decedent’s real estate without a court order if the will gives a power of sale (or gives…
Am I personally responsible for a deceased relatives credit card balance, and is there any downside if I choose to pay it myself for peace of mind? – North Carolina Short Answer In North Carolina, a deceased persons credit card balance is usually paid from the deceased persons estate, not by family members. A relative…
What fees and costs should I expect, and how is a retainer applied during the case? – North Carolina Short Answer In North Carolina probate matters, the total price usually has two parts: (1) attorney’s fees under a written fee agreement and (2) out-of-pocket costs charged by the Clerk of Superior Court and other third…
Should I update my will now that my spouse has died so it aligns with our trust and covers anything not in the trust? – North Carolina Short Answer Often, yes. In North Carolina, when a spouse has died and an older will left everything to that spouse, the will can produce an unintended result…
Can I transfer car titles to family members now, or should I wait until the amended affidavit is accepted and file-stamped? – North Carolina Short Answer In North Carolina, a person acting under the small-estate “collection by affidavit” process generally should wait until the Clerk of Superior Court has accepted the amended affidavit and provided…
Do I have priority to be appointed as personal representative for my deceased child’s estate, and what proof do I need? – North Carolina Short Answer In North Carolina, a parent often has strong priority to be appointed as personal representative (administrator) for a deceased child’s estate when the child did not leave a will…
What happens if a bank refuses to release information needed to prepare the estate inventory? – North Carolina Short Answer In North Carolina, a court-appointed personal representative usually must provide the bank with a certified death certificate and certified Letters Testamentary or Letters of Administration before the bank will release date-of-death account information. If the…
