Can I challenge the executor for transferring the SBA lien to someone other than me as the heir? – North Carolina Short Answer Possibly. In North Carolina, an executor (personal representative) must collect and protect estate assets, address valid estate debts, and then distribute what remains to the proper heirs. If the executor improperly shifted…
How do I access or close a bank account that remains in my parent’s name alongside a grandchild? – North Carolina Short Answer In North Carolina, whether a parent-and-grandchild bank account can be accessed or closed through the estate depends on how the account was titled (for example, a true joint account with right of…
Can an estate case be transferred between courthouse locations, and what triggers that? – North Carolina Short Answer In North Carolina, an estate case is generally administered through the Clerk of Superior Court for the county, and the court file is normally kept in the clerk’s office at the county seat even if the county…
How do we calculate and divide the remaining estate funds fairly among heirs after the sale? – North Carolina Short Answer In North Carolina probate, the personal representative generally calculates each heir’s share by starting with the estate’s total cash on hand (including sale proceeds), paying valid estate expenses and debts in the required priority,…
Can an heir’s appraisal fee be credited against the purchase price in a probate sale? – North Carolina Short Answer Sometimes, but it depends on what the appraisal was for and how the estate accounts for it. In North Carolina, a personal representative can generally sell estate personal property (like farm equipment) without a court…
How can I require the administrator to get appraisals for the camper and car and price them fairly, not “best offer”? – North Carolina Short Answer In North Carolina, an estate administrator must file an inventory showing fair market values (generally as of the date of death) and later file sworn accountings that show what…
Can someone with a power of attorney legally change or sign a will, and if that happened, is the will invalid? – North Carolina Short Answer In North Carolina, a power of attorney does not let an agent make, change, or sign a will for someone else. A valid will generally must be signed by…
How do I determine if a credit union account has a beneficiary before probate? – North Carolina Short Answer In North Carolina, a credit union account has a “payable on death” (POD) beneficiary only if the account was set up using a written POD agreement (often the signature card or account agreement) that is signed…
What documents does the DMV typically require to retitle a car from a small estate? – North Carolina Short Answer In North Carolina, retitling a deceased person’s vehicle through a small-estate-type transfer usually requires (1) the existing title (or a DMV-approved substitute if the title is lost), (2) an affidavit or clerk-issued document showing authority…
If a co-owner lives in the house and is paying the mortgage, do the other co-owners owe reimbursement, and does the occupant have to pay rent or just utilities? – North Carolina Short Answer In North Carolina, co-owners generally can seek contribution for certain “carrying costs” (like mortgage payments, property taxes, insurance, and necessary repairs),…
