Do I need to spend estate funds and show proof of expenses or can I receive the insurance proceeds directly? – North Carolina Short Answer In North Carolina, if the insurance proceeds are payable to the estate (not to an individual beneficiary), the money generally must be collected by the estate’s appointed personal representative (administrator)…
How can I ensure the lender provides a mortgage payoff statement in time for closing? – North Carolina Short Answer In North Carolina, the most reliable way to get a mortgage payoff statement on time is to send the lender a written payoff request that meets the requirements of state law and asks for a…
Does a year’s allowance get paid before credit card debts and other creditor claims in probate? – North Carolina Short Answer In North Carolina, the spouse’s year’s allowance (and any child’s allowance) is generally handled before most unsecured creditor claims, including credit card debt, as part of the estate administration process. The clerk of superior…
Do the properties that were only in the deceased’s name have to go through probate before we can sell or transfer them? – North Carolina Short Answer In North Carolina, real estate titled only in the deceased person’s name usually cannot be sold or transferred with clear title until the estate has a personal representative…
What happens if nobody showed up to the foreclosure hearing—does that automatically mean the home is lost? – North Carolina Short Answer No. In North Carolina, if nobody shows up to the foreclosure hearing, the clerk of superior court can still authorize the foreclosure if the lender (or trustee) proves the required items at the…
What steps should I take to prepare for contesting a will in probate? – North Carolina Short Answer In North Carolina, preparing to contest a will usually means getting organized early, identifying a valid legal basis to challenge the will, and acting fast enough to raise the issue before the Clerk of Superior Court admits…
What documents can I use to support the value of a condo listed on the estate inventory? – North Carolina Short Answer In North Carolina, the condo value on an estate inventory is typically supported with documents that show the condo’s fair market value as of the decedent’s date of death. Common support includes a…
Can we offer a lump-sum settlement during mediation to resolve their claims so the sale can move forward, and who has to approve it? – North Carolina Short Answer Yes. In North Carolina, parties can offer and agree to a lump-sum settlement during mediation to resolve disputed claims affecting estate real property so a sale…
Can I access joint accounts or payable-on-death assets without opening probate? – North Carolina Short Answer Often, yes. In North Carolina, a surviving joint account owner with a right of survivorship can usually access the account directly, and a payable-on-death (POD) beneficiary can usually claim the account after the owner’s death, without opening probate. However,…
What steps are required under the will to designate a new executor? – North Carolina Short Answer In North Carolina, a will can allow the named executor to nominate a successor, but the successor does not act as executor until the Clerk of Superior Court accepts the nomination and issues new authority (letters). In practice,…
