Probate Q&A Series

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Probate Q&A Series

How do co-heirs handle selling inherited property like an RV or buying each other out of a house after the estate issues are resolved? – NC

How do co-heirs handle selling inherited property like an RV or buying each other out of a house after the estate issues are resolved? – NC Short Answer In North Carolina, once estate administration issues are resolved and the property has passed to the heirs, co-heirs usually handle an inherited RV or house by agreement.…

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Probate Q&A Series

What happens if my siblings try to remove me as personal representative over a dispute about how estate property is being handled? – NC

What happens if my siblings try to remove me as personal representative over a dispute about how estate property is being handled? – NC Short Answer In North Carolina, siblings cannot remove a personal representative just because they disagree with a decision about estate property. The Clerk of Superior Court usually removes a personal representative…

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Probate Q&A Series

What happens if a deceased person’s account records are missing or incomplete during estate administration? NC

What happens if a deceased person’s account records are missing or incomplete during estate administration? – NC Short Answer In North Carolina, missing or incomplete account records do not automatically stop estate administration, but they can delay the inventory, accounting, and decisions about whether an account belongs to the estate. The personal representative still must…

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Probate Q&A Series

Can I challenge an insurance company that accepted a payment, rewrote a homeowners policy, and then denied coverage after a fire? NC

Can I challenge an insurance company that accepted a payment, rewrote a homeowners policy, and then denied coverage after a fire? – NC Short Answer Yes, in North Carolina, a denied homeowners claim can sometimes be challenged if the insurer accepted a premium, issued or rewrote coverage, then later claimed there was no coverage after…

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Probate Q&A Series

Who has authority to handle a deceased person’s affairs when there is no will and family members are fighting over property or decisions? NC

Who has authority to handle a deceased person’s affairs when there is no will and family members are fighting over property or decisions? – NC Short Answer In North Carolina, when a person dies without a will, the person with legal authority to handle probate matters is the administrator appointed by the Clerk of Superior…

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Probate Q&A Series

What authority do co-executors or co-administrators have to handle estate funds? NC

What authority do co-executors or co-administrators have to handle estate funds? – NC Short Answer In North Carolina, co-executors and co-administrators act as personal representatives of the estate, but their authority over estate funds usually depends on the court appointment documents and the bank’s account rules. They generally may collect estate assets, endorse checks payable…

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Probate Q&A Series

How are bank statements used during estate administration? NC

How are bank statements used during estate administration? – NC Short Answer In North Carolina, bank statements help a personal representative identify estate assets, confirm the date-of-death balance in accounts, track deposits and payments, and support the inventory and later accountings filed with the Clerk of Superior Court. They also help show whether a check…

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Probate Q&A Series

How can I close a parent’s estate when the surviving spouse is holding personal belongings and refusing to cooperate? – NC

How can I close a parent’s estate when the surviving spouse is holding personal belongings and refusing to cooperate? – NC Short Answer In North Carolina, an estate usually cannot be closed until the personal representative identifies estate property, resolves the surviving spouse’s allowance issues, addresses creditor claims, and files a final account with the…

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