How do I find out who currently owns or services a medical bill claim that was filed against an estate? – NC Short Answer In North Carolina, the first place to identify the current holder or servicer of a medical creditor claim against an estate is the probate file and the personal representative’s claim records.…
What happens in probate if a creditor claim can’t be resolved because the account can’t be located or identified? – NC Short Answer In North Carolina probate, a creditor claim does not have to be paid just because someone filed it. The personal representative can require enough information to identify the account and prove the…
Who has the legal authority to deal with a car loan and repossession after the owner dies? – NC Short Answer In North Carolina, the person with legal authority to deal with a deceased owner’s car loan and any repossession issue is usually the estate’s personal representative after the Clerk of Superior Court issues Letters…
How can I get information about a deceased person’s financed vehicle if I am handling the estate? – NC Short Answer In North Carolina, the person handling an estate usually needs formal proof of authority before a finance company will discuss a deceased person’s loan, repossession status, or sale of a financed vehicle. That proof…
How do I stop someone from trying to sell inherited land if I live on the property and other heirs are involved? – NC Short Answer In North Carolina, one heir usually cannot sell inherited land that was titled only in the deceased parent’s name unless the people who inherited interests in the land also…
What does “survivorship” language on a deed mean, and does it let the surviving owner sell without probate? – NC Short Answer In North Carolina, survivorship language on a deed usually means the owners held title as joint tenants with right of survivorship. When one owner dies, that owner’s interest usually passes automatically to the…
What happens if a subpoena is issued to a bank’s legal department instead of the bank entity? – NC Short Answer In North Carolina, a subpoena to produce records should be directed to the correct legal entity or person being commanded to respond. If a subpoena names a bank’s “legal department” instead of the bank…
How do we amend a subpoena for estate records when the bank’s name is listed incorrectly? – NC Short Answer In North Carolina, the usual fix is to issue an amended subpoena duces tecum that correctly names the bank entity and then serve that amended subpoena in a way Rule 45 allows or in a…
How can we avoid delays in getting bank records for an estate when a subpoena needs corrections? – NC Short Answer In North Carolina, the fastest way to reduce delay is usually to issue an amended subpoena that correctly names the bank entity, then serve it in the manner the bank will accept if that…
How do I collect a widow’s allowance if the estate was closed but I was never paid? – NC Short Answer In North Carolina, a surviving spouse’s year’s allowance does not disappear just because the estate was later closed. If the spouse timely filed a verified petition and the allowance was awarded, the clerk’s order…
