What happens if my bank puts a long hold on an estate distribution check, and are there ways to speed up funds availability? – North Carolina Short Answer In North Carolina, a bank can place a hold on a deposited estate distribution check while it verifies the item and manages fraud and return risk. A…
How can I confirm whether a stepchild who was never adopted is legally considered an heir to a stepparent’s estate? – North Carolina Short Answer In North Carolina, a stepchild is usually not an “heir” of a stepparent for intestate (no-will) inheritance unless the stepchild was legally adopted by the stepparent (or a narrow court-recognized…
Does receiving a property tax bill in my name or “in care of” make me an owner or legally responsible for the taxes? – North Carolina Short Answer No. In North Carolina, a property tax bill addressed in a person’s name (including “in care of”) does not, by itself, transfer title or prove ownership. Counties…
What documents does an estate administrator need to authorize account closures and final disbursements at a brokerage? – North Carolina Short Answer In North Carolina, a brokerage will usually require (1) certified Letters of Administration (or Letters Testamentary) showing the administrator’s authority, (2) a certified death certificate, and (3) written instructions signed by the administrator…
How can I get legal authority to access and remove my parent’s belongings from a locked apartment when the only will is old and names a former spouse and a power of attorney? – North Carolina Short Answer In North Carolina, a power of attorney does not give anyone authority after death, and an old…
Will selling the inherited house create taxes for me and the other heirs, and how is any gain split and reported? – North Carolina Short Answer Often, selling an inherited house does not create income tax just because it was inherited, but a sale can create taxable capital gain if the sale price is higher…
What process do I follow to enforce my right to a high-value heirloom left in a will? – North Carolina Short Answer In North Carolina, the usual way to enforce a right to a specific heirloom left in a will (like a diamond ring) is to work through the estate administration in front of the…
How can I weigh repair costs against sale price to maximize net proceeds? – North Carolina Short Answer In North Carolina, the cleanest way to weigh repairs against sale price is to compare (1) the expected increase in sale price from the repair to (2) the full “all-in” cost of doing it, including time delay,…
Is it acceptable for co-owners to sign disbursement authorization separately if they cannot meet together? – North Carolina Short Answer Often, yes. In North Carolina probate-related real estate closings, a disbursement authorization can usually be signed in separate counterparts (each person signs their own copy) as long as the closing attorney and the parties agree…
How can I sell the car using a small estate affidavit without my sibling forcing a formal probate? – North Carolina Short Answer In North Carolina, a motor vehicle can often be transferred and sold without opening a full estate by using the DMV’s affidavit process for a deceased owner (commonly done on DMV Form…
