If an auto loan is paid off after someone dies, can the estate receive any refund or overpayment back? – NC Short Answer Yes. In North Carolina, if an auto lender received more than the amount actually owed after a borrower died, the estate can usually claim the overpayment or refund as an estate asset.…
Can the estate keep or sell the vehicle if there is still a lien on it, and how does the payoff work? – NC Short Answer Yes. In North Carolina, an estate can usually keep or sell a vehicle even if a lender still has a lien, but the lien does not disappear at death.…
What can I do if a medical provider says they never received the estate authorization paperwork? – NC Short Answer In North Carolina, the personal representative or the representative acting for the estate should resend the request with proof of authority, confirm the correct department and delivery method, and create a clear paper trail. In…
Can a creditor file a claim against an estate after the account holder passes away? – NC Short Answer Yes. In North Carolina, a creditor can usually file a claim against a deceased person’s estate after death, but the claim must be presented through the estate process and within the required deadline. The personal representative…
Can an executor or estate representative deal with a deceased person’s credit card account after death? – NC Short Answer Yes. In North Carolina, a duly appointed executor or other personal representative can usually communicate with a credit card company about the decedent’s account once the representative has qualified and can show authority through letters…
How do I transfer a deceased parent’s vehicle through the estate when there were title and lien paperwork problems? – NC Short Answer In North Carolina, a deceased parent’s vehicle usually transfers through the estate by having the personal representative apply for a new title through the NCDMV using the estate authority papers and the…
Do I need to notify creditors in the state where the property is located before I can sell the property? – NC Short Answer Usually, yes. Under North Carolina probate practice, if estate real property will be sold during the period when creditor claims can still be filed, the safer course is to have a…
Was it legal to transfer a parent’s car to a sibling before death if everyone agreed and I was acting under a power of attorney? – NC Short Answer Maybe, but agreement among family members alone does not make the transfer valid under North Carolina law. An agent acting under a power of attorney must…
Do I need exemplified copies or certified copies when I’m bringing probate documents in from another state? – North Carolina Short Answer Usually, North Carolina will accept properly certified copies of the foreign probate record, and in some counties the clerk may ask for exemplified copies instead. For an ancillary estate in North Carolina, the…
How can I find out whether my sibling improperly took money from a parent’s trust or financial accounts? – NC Short Answer In North Carolina, the first step is usually to identify who had legal control over the trust or accounts and then demand the records that person was required to keep. If a sibling…
