What happens if we delay starting the ancillary probate process for out-of-jurisdiction property? – North Carolina Short Answer Delaying ancillary probate can create practical and legal problems, especially when the decedent owned North Carolina real estate or had North Carolina creditors. The biggest risks are title problems (making a sale or refinance harder), creditor-claim complications,…
How can I stop a foreclosure when the mortgage is in a deceased relative’s name but I’ve been making the payments? – North Carolina Short Answer In North Carolina, stopping a foreclosure in this situation usually takes two tracks at the same time: (1) getting the lender or servicer to treat the person handling the…
How can I get the deed changed into the heirs’ names when the property was only in the deceased person’s name and there’s no mortgage? – North Carolina Short Answer In North Carolina, a house that was titled only in the deceased person’s name usually cannot be “re-deeded” into the heirs’ names just by signing…
What happens if someone who may not be related is claiming to be an heir—can that delay transferring the property or stopping the foreclosure? – North Carolina Short Answer Yes. In North Carolina, a disputed “heir” claim can slow down transferring title because the Clerk of Superior Court may need to resolve who the heirs…
What is included in the first-year estate accounting, and who reviews or approves it? – North Carolina Short Answer In North Carolina, the first-year estate accounting (often called the first annual account) generally shows what the personal representative started with, what came in during the year, what was paid out, what was distributed, and what…
Who has authority to act in an ancillary probate if the main estate case is already open elsewhere? – North Carolina Short Answer In a North Carolina ancillary probate, the person with authority to act in North Carolina is the fiduciary who has been appointed and issued North Carolina letters by the Clerk of Superior…
What documents does my attorney need from me to address creditor claims during an estate or probate matter? – North Carolina Short Answer In a North Carolina estate, an attorney usually needs enough paperwork to (1) identify each creditor, (2) confirm the amount and basis of the debt, and (3) verify whether the creditor properly…
How do I get a copy of the payment plan agreement I made with a bank or creditor if I can’t find the paperwork? – North Carolina Short Answer In North Carolina, the fastest way to replace missing payment-plan paperwork is to request it directly from the bank or creditor in writing and ask for…
How can I confirm whether there are other creditor claims being made and what they are for? – North Carolina Short Answer In North Carolina, the most reliable way to confirm whether other creditor claims exist is to check the estate file maintained by the Clerk of Superior Court in the county where the estate…
Do I have to keep paying on a creditor payment plan if I don’t have the written agreement? – North Carolina Short Answer Not always. In North Carolina probate, a personal representative generally should not keep making monthly payments to a creditor just because a payment plan is remembered—especially if the estate cannot confirm the…
