Can the estate sell the home and the other parcel of land without a court hearing if all heirs agree? – North Carolina Short Answer Usually not when the sale is needed to pay estate debts. In North Carolina, selling a decedent’s real estate to “create assets” for creditors is typically done through a clerk…
Can an executor require a buyer to assume the business’s existing loans or credit card debt as part of the sale? – North Carolina Short Answer Yes—under North Carolina law, an executor (personal representative) can propose a deal where the buyer assumes certain business debts, but the buyer generally does not have to accept that…
What happens if estate items like a tractor or other equipment were never listed on the inventory and are still sitting on someone else’s property? – North Carolina Short Answer In North Carolina, estate personal property that was missed on the inventory generally still belongs to the estate and should be gathered, protected, and reported…
How do we complete the estate inventory if we don’t know what bank accounts my parent had, and how can we find them? – North Carolina Short Answer In North Carolina, the personal representative must make a good-faith effort to identify, gather, and list the decedent’s probate assets on the estate inventory, even when some…
Can I challenge a will if it was signed shortly before death and the changes are drastic? – North Carolina Short Answer Yes. In North Carolina, a last-minute will with major changes can be challenged through a will contest called a “caveat,” usually filed with the Clerk of Superior Court in the estate file. Timing…
What steps have to happen in probate before an estate can sell a deceased owner’s interest in an LLC? – North Carolina Short Answer In North Carolina, an estate generally needs an appointed personal representative (executor/administrator) with Letters issued by the Clerk of Superior Court before the estate can sign a binding sale of the…
Do I need to file a final income tax return for my deceased grandparent if there wasn’t enough taxable income? – North Carolina Short Answer In North Carolina, a final state income tax return is generally required only if the deceased person’s gross income for the year (through the date of death) exceeds the filing…
How can I make a creditor claim if the deceased person’s estate was never formally opened? – North Carolina Short Answer In North Carolina, a creditor generally cannot file a formal “estate claim” until there is a personal representative (executor/administrator) or a collector to receive it. If no estate has been opened, the practical path…
How do I protect myself from liability if firearms that belonged to the deceased are missing or possibly stolen? – North Carolina Short Answer In North Carolina, the safest way to reduce personal liability when a deceased person’s firearms are missing is to (1) avoid taking possession or moving them unnecessarily, (2) promptly document what…
Since we weren’t married, what rights do I have to stay in the house and eventually get the title transferred if the home is only in my partner’s name? – North Carolina Short Answer In North Carolina, an unmarried partner does not automatically inherit a house titled only in the deceased partner’s name. If the…
