If other heirs don’t respond to notice about a deed transfer, what happens to my claim? – North Carolina Short Answer In North Carolina, your claim to clear title does not fail just because other heirs ignore proper legal notice. If all heirs are properly served (or unknown heirs are served by publication and a…
What steps do I need to transfer the deed into my name if multiple heirs have an interest? – North Carolina Short Answer In North Carolina, when someone dies without a will, title to their non-survivorship real estate vests immediately in the heirs as tenants in common. To put clear title solely in your name,…
Can I file for bankruptcy to stop the tax foreclosure on my inherited property? – North Carolina Short Answer Often, yes. Filing bankruptcy—most commonly Chapter 13—generally triggers an automatic stay that pauses a North Carolina county tax foreclosure, but it does not erase the property tax lien. To get clear title in your name, you…
What are my options for preserving a family home with delinquent taxes during probate? – North Carolina Short Answer In North Carolina, the executor can protect a home with delinquent taxes by promptly qualifying with the Clerk of Superior Court, seeking authority to take possession of the property, and using estate funds or a court-approved…
How can I transfer real property when the will doesn’t mention it? – North Carolina Short Answer In North Carolina, if a will doesn’t specifically devise a piece of real estate, title still passes at death to the heirs or to the residuary beneficiaries once the will is probated. But transfers within the first two…
How long does opening probate and resolving title issues usually take and what costs should I expect? – North Carolina Short Answer In North Carolina, you can typically open a probate estate and receive Letters from the Clerk of Superior Court within a few days to a few weeks once the paperwork is complete. After…
What happens to property not specifically devised in a will under intestacy laws? – North Carolina Short Answer In North Carolina, property a will does not dispose of falls first to any residuary clause. If the will lacks a residuary clause (or a gift fails and no back-up applies), that property passes by intestacy to…
How is a personal representative commission calculated and claimed in estate administration? – North Carolina Short Answer In North Carolina, a personal representative’s commission is set by the Clerk of Superior Court and may not exceed 5% of commissionable receipts and disbursements (excluding distributions to heirs). The Clerk considers time, responsibility, and skill, and must…
Who is responsible for paying property taxes on inherited real estate before the estate has funds to cover them? – North Carolina Short Answer In North Carolina, heirs or devisees who receive real property at death are generally responsible for ongoing property taxes after the date of death, unless and until the personal representative brings…
What steps can I take to stop my sibling from selling our parent’s house while probate is ongoing? – North Carolina Short Answer In North Carolina, a co-administrator cannot sell an intestate decedent’s home unless all heirs join in the deed or the Clerk of Superior Court authorizes a court-supervised sale to pay estate debts.…
