How can I make a creditor claim if the deceased person’s estate was never formally opened? – North Carolina Short Answer In North Carolina, a creditor generally cannot file a formal “estate claim” until there is a personal representative (executor/administrator) or a collector to receive it. If no estate has been opened, the practical path…
How do I protect myself from liability if firearms that belonged to the deceased are missing or possibly stolen? – North Carolina Short Answer In North Carolina, the safest way to reduce personal liability when a deceased person’s firearms are missing is to (1) avoid taking possession or moving them unnecessarily, (2) promptly document what…
Since we weren’t married, what rights do I have to stay in the house and eventually get the title transferred if the home is only in my partner’s name? – North Carolina Short Answer In North Carolina, an unmarried partner does not automatically inherit a house titled only in the deceased partner’s name. If the…
If I only want to buy the equipment and inventory (not the LLC), how do I make sure those assets aren’t still tied to the business loan or other creditor claims? – North Carolina Short Answer In North Carolina, buying only the equipment and inventory (an “asset purchase”) does not automatically cut off a lender’s…
How do I handle a creditor claim from a relative that doesn’t include receipts, invoices, or proof my parent owed the money? – North Carolina Short Answer In North Carolina estate administration, a personal representative can require a creditor—including a relative—to provide enough detail and support to show the debt is real, owed by the…
Can a fiancé challenge what gets included in the estate inventory or how assets are valued? – North Carolina Short Answer In North Carolina, a fiancé usually cannot challenge an estate inventory or asset values just because of the engagement. The Clerk of Superior Court generally hears inventory and accounting disputes, and the people with…
How do I get letters testamentary or letters of administration so the bank will unfreeze the account and talk to me? – North Carolina Short Answer In North Carolina, a bank usually will not release information or funds from a deceased person’s account until someone is officially appointed by the Clerk of Superior Court as…
What rights does a year’s allowance give me to access estate funds or property? – North Carolina Short Answer In North Carolina, a certified year’s allowance order gives the person awarded the allowance a right to receive the specific cash and personal property listed in the clerk’s order, ahead of many other estate payments. It…
Can a co-owner of a vehicle keep or refinance the car after the other co-owner dies, and what rights does a minor child have in the vehicle? – North Carolina Short Answer In North Carolina, a co-owner may be able to keep the vehicle and refinance it after the other co-owner dies, but the outcome…
What are the next steps in the probate process after the inventory is filed? – North Carolina Short Answer In North Carolina, filing the estate inventory is an early milestone, not the finish line. After the inventory is filed with the Clerk of Superior Court (Estates Division), the estate representative typically moves into (1) collecting…
