How do I start probate for a deceased relative’s real property when no estate has been opened yet? – North Carolina Short Answer In North Carolina, probate (estate administration) usually starts by filing an application with the Clerk of Superior Court in the proper county to have a personal representative appointed. If there is a…
How do I document and protect my right to be reimbursed if I pay the mortgage on estate property? – North Carolina Short Answer In North Carolina, the safest way to protect reimbursement for mortgage payments made after a parent’s death is to (1) keep clean written proof of every payment and why it was…
Can a mortgage company require me to reopen probate just to transfer or assume the loan and title? – North Carolina Short Answer Sometimes, but not always. In North Carolina, a lender can require proof of legal authority and proof of ownership before it will change who can manage the loan, accept an assumption, or…
How can I assume a deceased parent’s mortgage after the estate has already been closed? – North Carolina Short Answer In North Carolina, “assuming” a deceased parent’s mortgage after the estate is closed usually requires two tracks: (1) confirming the heir’s legal ownership of the home (title) and (2) getting the mortgage servicer to recognize…
What happens if my spouse named an adult child as the beneficiary and never changed it before passing away? – North Carolina Short Answer In North Carolina, a valid beneficiary designation on a pension, retirement plan, life insurance policy, or payable-on-death/transfer-on-death account usually controls who gets that asset after death, even if the surviving spouse…
How do I find out who the beneficiary is on my spouse’s pension or retirement account if the company won’t tell me? – North Carolina Short Answer In North Carolina, the most reliable way to force confirmation of a deceased spouse’s pension or retirement beneficiary is usually through the estate’s personal representative (executor/administrator), not through…
When does an estate have to file a state tax return and make a payment even if there was little or no income? – North Carolina Short Answer In North Carolina, an estate generally files a North Carolina fiduciary income tax return (typically NCDOR Form D-407) only when it is required to file a federal…
Do refund checks received by an estate count as taxable income that triggers a return? – North Carolina Short Answer Usually, a refund check paid to a North Carolina estate is not “new” taxable income by itself. Many refund checks are simply a return of money previously paid (for example, an overpayment of income tax),…
Who is responsible for paying ongoing expenses like mobile home rent while an estate is still open? – North Carolina Short Answer In North Carolina, ongoing expenses tied to estate property (like mobile home lot rent, utilities, insurance, and necessary upkeep) are usually paid from the estate as costs and expenses of administration, as long…
How do I notify a creditor that their claim against an estate is barred after the deadline? – North Carolina Short Answer In North Carolina, the personal representative (or the personal representative’s attorney) typically notifies a creditor in writing that the estate will not pay the claim because it was not presented within the time…
