How do I address outstanding home equity debt and new creditor claims when selling an estate property? – North Carolina Short Answer In North Carolina, a recorded home‑equity line of credit (HELOC) must be paid first from the property’s sale proceeds to deliver clear title. If the home was in a revocable trust at your…
Can a city-imposed easement affect the sale process or proceeds of my inherited home, and what remedies do I have? – North Carolina Short Answer Yes. In North Carolina, a city easement can reduce marketability and sales price and may require you, as trustee, to address compensation and title issues before closing. You can negotiate…
Can a beneficiary make a claim on the probate surety bond if the estate administrator mishandles assets? – North Carolina Short Answer Yes. In North Carolina, a beneficiary or creditor may seek recovery against the estate’s probate bond if the personal representative breaches fiduciary duties and causes a financial loss. The usual path is to…
What happens if I cash my inheritance check before probate is closed—can the estate reclaim it? – North Carolina Short Answer Yes. In North Carolina, interim distributions are allowed, but they are conditional until the estate’s debts, taxes, and expenses are resolved and the Clerk approves the final account. If later claims or taxes require…
How do I claim unclaimed property and insurance proceeds owed to the estate? – North Carolina Short Answer In North Carolina, the personal representative (executor/administrator) claims unclaimed property and any insurance payable to the estate after qualifying with the Clerk of Superior Court and receiving Letters. Use the estate’s EIN, open an estate bank account,…
How do I resolve conflicting names on deeds to confirm chain of title for estate property? – North Carolina Short Answer In North Carolina, confirm the chain of title by reviewing the recorded deeds, establishing who took title at death (heirs or devisees), and correcting name discrepancies with curative documents or a court order. If…
How can I prove the caretaker is misusing the power of attorney for personal gain? – North Carolina Short Answer In North Carolina, you can file a petition with the Clerk of Superior Court to compel the agent under a power of attorney to account for all transactions and to limit, suspend, or remove the…
How can I challenge the caretaker’s power of attorney if I suspect my cousin was unduly influenced? – North Carolina Short Answer In North Carolina, you can file a petition with the Clerk of Superior Court to demand an accounting from the agent under a power of attorney and to suspend or limit the agent’s…
What can I do if the administrator is taking or disposing of estate property without my consent? – North Carolina Short Answer In North Carolina, a personal representative (administrator) may manage and sell estate assets, but only assets that actually belong to the estate. If property is not part of the estate—such as a home…
What rights do I have to require the administrator to sign an inventory before removing items? – North Carolina Short Answer North Carolina law does not require an on‑the‑spot, signed “inventory” before a personal representative removes estate property. The administrator must file a formal inventory with the Clerk within 90 days of qualifying and keep…
