If there is a tax refund or small amount left after paying claims, who receives it when the year’s allowance and a deficiency judgment are involved? – North Carolina Short Answer In North Carolina, any money that comes into the estate (including an income tax refund that belongs to the estate) must be applied in…
Is a timeshare ownership interest treated as real property or personal property for probate purposes? – North Carolina Short Answer In North Carolina, it depends on what type of timeshare the deceased owned. A timeshare estate is treated as an interest in real estate, while a timeshare use is treated as personal property. For probate…
How can I transfer the house into my and my sibling’s names without doing a full probate and still be able to sell after the waiting period? – North Carolina Short Answer In North Carolina, a house can sometimes be put into heirs’ names without a “full probate” by probating the will (if there is…
When will funds be released to the heirs after we sign the paperwork and file everything? – North Carolina Short Answer In North Carolina probate, heirs usually receive funds when the personal representative has enough cash on hand, known debts and expenses are paid (or a reserve is set aside), and the required waiting periods…
Can I require someone living there to pay rent or move out, and what proof of authority do I need? – North Carolina Short Answer In North Carolina, the right to require an occupant of a deceased person’s property to pay rent or move out depends on who the occupant is (tenant versus non-tenant) and…
How can I transfer real estate left to a minor when the will doesn’t set up a trust or custodian? – North Carolina Short Answer In North Carolina, an executor generally cannot deed real estate directly into a Uniform Transfers to Minors Act (UTMA) custodianship unless the will (or another governing instrument) authorizes that approach.…
Who is legally allowed to communicate with the auto insurer and sign claim documents for the estate, and how do I prove that authority? – North Carolina Short Answer In North Carolina, the person legally allowed to deal with an auto insurer on behalf of a decedent’s estate is usually the court-appointed personal representative (executor…
How soon can I list an inherited townhome during probate after the standard notice to creditors period? – North Carolina Short Answer In North Carolina, a townhome can usually be listed for sale during probate even while the estate is still open. The bigger timing issue is not listing, but having the right seller on…
Is an affidavit of domicile enough to transfer an investment or bank account, or do I also need letters from the probate court? – North Carolina Short Answer In North Carolina, an affidavit of domicile is usually not a substitute for probate authority. Most financial institutions require current, certified Letters Testamentary or Letters of Administration…
Is it better to pay the creditor in full from sale proceeds or keep the negotiated settlement if timing is tight? – North Carolina Short Answer In North Carolina estate administration, it is usually better to protect a valid, written settlement if the estate can reliably meet the settlement deadline, because paying in full voluntarily…
