What is the process and standard timeline to submit my caregiving and reimbursement claims, and can another relative who helped provide round-the-clock care submit a claim too? NC

Probate Q&A Series

What is the process and standard timeline to submit my caregiving and reimbursement claims, and can another relative who helped provide round-the-clock care submit a claim too? – North Carolina Short Answer In North Carolina, a caregiving or reimbursement request is usually treated as a creditor claim against the decedent’s estate and must be presented…

If no one opens an estate and there’s no will, who is responsible for debts and how do I handle a financed vehicle that I returned to the lender? NC

Probate Q&A Series

If no one opens an estate and there’s no will, who is responsible for debts and how do I handle a financed vehicle that I returned to the lender? – North Carolina Short Answer In North Carolina, a deceased person’s debts are usually paid from the deceased person’s property, not from a surviving spouse’s or…

How can I make sure money and property a sibling took before probate are counted against their share, and what proof do we need? NC

Probate Q&A Series

How can I make sure money and property a sibling took before probate are counted against their share, and what proof do we need? – North Carolina Short Answer In North Carolina, the estate can often treat a pre-death transfer as an “advancement” (an early payout of an intestate inheritance) only if the law’s requirements…

If we remain co‑owners of rental property after trust administration, how do I start a partition to sell or divide the properties? – NC

Probate Q&A Series

If we remain co‑owners of rental property after trust administration, how do I start a partition to sell or divide the properties? – North Carolina Short Answer In North Carolina, any co-owner (called a “cotenant”) can start a partition case in Superior Court to force co-owned real estate to be divided or sold. Partition usually…

Can I force the estate to account for a vehicle that appears to be missing from the inventory and recover it or its value? NC

Probate Q&A Series

Can I force the estate to account for a vehicle that appears to be missing from the inventory and recover it or its value? – North Carolina Short Answer Yes. In North Carolina, an “interested person” can ask the Clerk of Superior Court to compel the personal representative to file a full and satisfactory accounting…

If the death certificate isn’t corrected before the hearing, what will the court do and how could that affect my eligibility? NC

Probate Q&A Series

If the death certificate isn’t corrected before the hearing, what will the court do and how could that affect my eligibility? – North Carolina Short Answer In North Carolina probate, the Clerk of Superior Court often can move forward without a corrected death certificate if there is other reliable proof of death and the decedent’s…