If an estranged former spouse never responds to probate notices, can they still later challenge my appointment as administrator? – North Carolina Short Answer In North Carolina, a former spouse who was properly served with a clerk-issued notice or petition to qualify and still did not respond can be treated as having renounced the right…
How can I fix a deed that never got updated after a refinance when the paperwork shows we intended joint ownership? – North Carolina Short Answer In North Carolina, the recorded deed controls legal title, even if refinance paperwork shows an intent to add joint ownership. Fixing the problem usually means recording a new deed…
How do I find out whether the deceased had bank accounts or direct deposits when I don’t know where they banked? – North Carolina Short Answer In North Carolina, the most reliable way to confirm whether a deceased person had bank accounts or direct deposits is to get authority to act for the estate (usually…
What is a petition to identify or marshal estate assets, and what does it do for my case? – North Carolina Short Answer In North Carolina probate, a “petition to identify or marshal estate assets” is typically a request filed with the Clerk of Superior Court to help the personal representative locate, confirm, and (when…
How do I set up a testamentary trust from a will so financial accounts can be transferred into it? – North Carolina Short Answer In North Carolina, a testamentary trust is “set up” by probating the will and then having the personal representative retitle (or distribute) the probate investment accounts into the name of the…
Can an estate representative request statements for an account that was jointly held or had a beneficiary designation? – North Carolina Short Answer In North Carolina, a personal representative (estate representative) can request bank or investment statements and ownership documentation to determine what belonged to the decedent and what may be available to pay estate…
Can the estate sell the property if there is still a mortgage, and what steps are required? – North Carolina Short Answer Yes. In North Carolina, an estate can sell real property even if there is still a mortgage (typically a deed of trust), but the sale must address the lender’s lien—usually by paying it…
What should an executor do if the decedent died before taking a required retirement distribution for the year? – North Carolina Short Answer In North Carolina, if a decedent was required to take a retirement plan required minimum distribution (RMD) for the year of death but died before taking it, the executor (or the named…
Can I get reimbursed for mortgage payments, taxes, and other carrying costs I paid after my spouse died if the property ends up being shared with other heirs? – North Carolina Short Answer Often, yes. Under North Carolina law, when a home ends up owned by multiple heirs as cotenants, a cotenant who pays certain…
Can the estate be forced to sell the house to pay creditors, even if I want to keep it and rent it out? – North Carolina Short Answer Yes. In North Carolina, a decedent’s property (including a house) can be used to pay valid estate debts and administration costs, and the personal representative may have…
