If I’m appointed guardian of the person, do I automatically become guardian of the estate or do I need a separate appointment in North Carolina? — North Carolina Short Answer No. In North Carolina, a guardian of the person makes care decisions and does not automatically have authority over money or property. To manage finances,…
Do I need to file a federal tax return for the estate if no distributions were made from any accounts? — North Carolina Short Answer Usually no. A federal estate income tax return (IRS Form 1041) is required if the estate had $600 or more in gross income during its tax year or if any…
How do I get brokerage account assets transferred into the estate checking account? — North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) must first qualify with the Clerk of Superior Court and open an estate checking account using the estate’s EIN. Then, ask the brokerage to retitle the decedent’s account…
How do I sell a co-owned property in North Carolina to cover funeral and property tax expenses? — North Carolina Short Answer In North Carolina, you can sell co-owned real estate in two main ways when you need funds for funeral costs and property taxes. If the decedent’s estate needs cash to pay claims, the…
How can I find out exactly where the sale proceeds from my dad’s house will go? — North Carolina Short Answer In North Carolina, where sale proceeds go depends on who sold the property and why it was sold. If a personal representative sold it to pay estate debts, the money first pays property liens…
What happens if someone is squatting in the property before it’s sold and how can we get them removed? — North Carolina Short Answer In North Carolina probate, the personal representative (PR) can secure estate real property and remove unauthorized occupants. If the PR already has the right to possess the property (for example, the…
How can I confirm that the executor correctly calculated my percentage share from the sale of my sibling’s house under North Carolina probate rules? — North Carolina Short Answer Start by reviewing the estate’s accounting filed with the Clerk of Superior Court. In North Carolina, sale proceeds are reduced by liens, closing costs, and allowed…
Can a prenuptial agreement between my mother and her spouse affect the life estate provisions or my share of her estate in North Carolina, and what can I do if the executor refuses to provide it? — North Carolina Short Answer Yes. In North Carolina, a valid premarital (prenuptial) agreement can waive a spouse’s statutory…
Can I sell my mother’s house during the probate process if there’s still a mortgage on it? — North Carolina Short Answer Yes. In North Carolina, you can usually sell a deceased parent’s home during probate even if there’s a mortgage, but the authority and process depend on the will and who holds title. The…
How do I prove the value of my mother’s vehicles during probate in North Carolina? — North Carolina Short Answer List each vehicle at its fair market value as of the date of death, then back it up with proof. In North Carolina probate, you typically show value with printouts from recognized price guides (e.g.,…
