Can I challenge past transfers of inherited family land if I believe relatives moved the title around to keep me from inheriting? NC

Can I challenge past transfers of inherited family land if I believe relatives moved the title around to keep me from inheriting? – North Carolina Short Answer Yes. In North Carolina, past transfers of inherited family land can sometimes be challenged, but the right approach depends on why the title changed (estate sale, heir deed,…

What happens if the mortgage is delinquent while the estate is still being administered and the lender starts foreclosure? NC

What happens if the mortgage is delinquent while the estate is still being administered and the lender starts foreclosure? – North Carolina Short Answer In North Carolina, a delinquent mortgage does not pause just because an estate is in probate. If the lender (or trustee) starts a power-of-sale foreclosure, the process usually moves through a…

How do I get court permission to sell a deceased relative’s home when the estate needs the sale proceeds to pay expenses? NC

How do I get court permission to sell a deceased relative’s home when the estate needs the sale proceeds to pay expenses? – North Carolina Short Answer In North Carolina, when an estate needs to sell a deceased person’s home to pay expenses (like mortgage, utilities, and other estate bills), the personal representative usually must…

If I pay the mortgage and utilities out of my own pocket to keep the property from going into foreclosure, can I be reimbursed from the estate after the sale? NC

If I pay the mortgage and utilities out of my own pocket to keep the property from going into foreclosure, can I be reimbursed from the estate after the sale? – North Carolina Short Answer Often, yes—under North Carolina probate practice, a personal representative (or other person acting to preserve estate property) can usually seek…

How do I access and transfer an IRA or brokerage account with no beneficiary listed after the account owner dies? NC

How do I access and transfer an IRA or brokerage account with no beneficiary listed after the account owner dies? – North Carolina Short Answer In North Carolina, if an IRA or brokerage account has no valid beneficiary (including no TOD/POD designation), the account is usually treated as part of the decedent’s probate estate. That…

Should I continue a guardianship case if my relative is in hospice and may pass away soon, and what happens to the estate matters afterward? NC

Should I continue a guardianship case if my relative is in hospice and may pass away soon, and what happens to the estate matters afterward? – North Carolina Short Answer In North Carolina, a guardianship ends when the ward dies, so it often does not make sense to push a full guardianship case forward if…

Can an estate representative request historical statements and transaction history from a transfer agent, and how far back can they go? NC

Can an estate representative request historical statements and transaction history from a transfer agent, and how far back can they go? – North Carolina Short Answer Yes. In North Carolina, a properly appointed personal representative generally has authority to request a decedent’s shareholder/transfer-agent account records as part of collecting and administering estate assets. How far…

What documents do transfer agents usually require to release a deceased account holder’s records to the estate representative? NC

What documents do transfer agents usually require to release a deceased account holder’s records to the estate representative? – North Carolina Short Answer In North Carolina, transfer agents usually release a deceased shareholder’s account records only after receiving a written request plus proof that the requester has legal authority to act for the estate. In…