After the creditor notice period, can I immediately retitle and sell the boat, or is there any way to move faster? – North Carolina Short Answer In North Carolina, once the estate’s creditor-notice (claims) period has run, a personal representative can usually move forward with distributing or selling estate property—including a titled boat—so long as…
How do I correctly file an amended smallestate affidavit when the clerk wants the entire form redone and proof of survivorship or named beneficiaries for accounts? – North Carolina Short Answer In North Carolina, a corrected or “amended” small-estate affidavit is usually handled by preparing a clean, fully redone affidavit that meets the statutory content…
What happens to properties that received a tax sale notice—can the estate stop an auction or arrange a payment plan to catch up on taxes? – North Carolina Short Answer In North Carolina, an estate can often stop a tax foreclosure auction by paying the delinquent property taxes (including interest, penalties, and allowed costs) before…
If my sibling and I agree to let me handle everything, how do we document that so third parties will work with me? – North Carolina Short Answer In North Carolina, most third parties (like a landlord, bank, or vehicle title office) usually will not rely on a simple family agreement. They typically require court-recognized…
If the newest will is invalidated on technical grounds, can the older will still be probated when there are texts and a signed release showing it was meant to be revoked? – North Carolina Short Answer Sometimes, but not automatically. In North Carolina, an older will can be probated only if it was not effectively…
What legal steps can I take to stop an unauthorized cremation? – North Carolina Short Answer In North Carolina, the surviving spouse generally has first priority to control disposition of the body and to authorize cremation when the decedent left no valid written instructions giving that right to someone else. A fast first step is…
How can I use estate funds to pay mortgage arrears on a life estate property? – North Carolina Short Answer In North Carolina, real estate usually passes to the heirs or devisees at death, so the ongoing mortgage, tax, and insurance costs after death are typically their responsibility, not an automatic “estate expense.” Still, a…
How do I request a complete inventory if my siblings aren’t sharing estate details? – North Carolina Short Answer In North Carolina, the personal representative (the court-appointed administrator) must file an estate inventory with the Clerk of Superior Court, generally within three months after qualifying. If an heir believes the administrator is not filing required…
What steps are involved in processing a statement of estate assets after a spouse dies? – North Carolina Short Answer In North Carolina, a “statement of estate assets” is typically prepared as part of getting a deceased spouse’s estate opened with the Clerk of Superior Court and then identifying, valuing, and reporting what the estate…
Can I receive closing funds in my firm’s trust account and still split net proceeds according to our settlement agreement? – North Carolina Short Answer Yes—under North Carolina law, closing funds can be received into a law firm trust/escrow account and then disbursed according to a written settlement/closing statement, including an equal split of net…
