How do I get a duplicate title for a vehicle owned by someone who passed away during probate? – NC Short Answer In North Carolina, a court-appointed personal representative can usually request a duplicate title for a vehicle or mobile home that belonged to a deceased owner as part of estate administration, but the duplicate-title…
Can I be reimbursed from the estate for funeral costs, attorney fees, and other out-of-pocket expenses I paid while handling the estate? – NC Short Answer Usually, yes. Under North Carolina probate law, a personal representative can generally seek repayment from estate assets for reasonable funeral costs, approved attorney fees, court costs, and other necessary…
What paperwork do I need to prove I have authority to deal with the mortgage and the deed after the homeowner dies? – NC Short Answer In North Carolina, the document that usually proves authority to deal with a deceased homeowner’s mortgage and estate property is Letters of Administration issued by the Clerk of Superior…
Does living in the deceased relative’s house and paying the taxes and bills help my parent become administrator of the estate? – NC Short Answer Usually not by itself. In North Carolina, the clerk of superior court appoints an estate administrator based mainly on legal priority, qualification, and fitness to serve in an intestate estate,…
Can the executor or personal representative apply for the estate EIN directly instead of using a law firm staff member as the designee? – NC Short Answer Yes. In North Carolina, the executor or administrator can usually apply for the estate EIN directly once that person has authority to act for the estate. Using the…
Can the estate still sell the property if there are unpaid medical bills, funeral costs, or credit card debts? – NC Short Answer Yes. In North Carolina, an estate can still sell real property even if medical bills, funeral costs, or credit card debts exist or may be filed. The key issue is not whether…
What can I do if I think someone has been taking money or property out of a trust without permission? – North Carolina Short Answer In North Carolina, suspected unauthorized withdrawals or transfers from a trust are usually handled by a trust proceeding asking the court to force transparency and stop further harm. Common first…
What should an executor include in a written authorization so a creditor will discuss the deceased person’s account with the executor’s attorney? – North Carolina Short Answer In North Carolina, a creditor will usually talk with the executor’s attorney if the executor signs a written authorization that (1) identifies the estate and the specific account,…
Do we have to file an estate income tax return when a home is sold by the personal representative during probate? – North Carolina Short Answer Often, yes. In North Carolina, if the estate must file a federal fiduciary income tax return (IRS Form 1041) and the estate has North Carolina-source income or income for…
What documents does a credit card company usually require to confirm a death and close the account during probate? – North Carolina Short Answer In North Carolina, a credit card issuer will usually ask for a certified copy of the death certificate and proof of who has authority to act for the estate, such as…
