What should I do if the reissued estate refund check is lost in the mail or never arrives? – North Carolina Short Answer In North Carolina, the practical next step is to contact the issuer (here, the insurance company) promptly, ask whether the reissued check has cleared, and request a stop-payment and replacement if it…
How can we deal with a family member who moved into the deceased person’s house and refuses to move out during probate? – North Carolina Short Answer In North Carolina, removing a family member from a deceased person’s home during probate usually requires a court order and a formal eviction-type process—self-help lockouts are not the…
What happens if the person refuses to return the ashes and other items after getting a demand letter? – North Carolina Short Answer In North Carolina, a demand letter is often a useful first step, but it does not force anyone to hand property back. If the person still refuses to return cremated remains (ashes)…
How do I confirm the exact amount a mortgage lender is claiming against an estate? – North Carolina Short Answer In North Carolina, the cleanest way to confirm a mortgage lender’s exact claim amount for an estate is to request a written payoff statement under state law. A proper payoff request must identify the loan…
Am I really the only person who inherits under the will, and what happens if relatives disagree with that? – North Carolina Short Answer In North Carolina, if a valid will leaves the estate to one person, that person can be the only beneficiary under the will—even if other relatives are upset. Relatives do not…
Can the estate sell a paid-off car or give it to a family member, and could the administrators be personally liable if it’s transferred for less than fair value? – North Carolina Short Answer Yes. In North Carolina, a personal representative (administrator) can usually sell a decedent’s vehicle as an estate asset, or distribute it…
If my parent was divorced but the ex-spouse claims the divorce wasn’t finalized, can the ex-spouse still inherit or control estate property? – North Carolina Short Answer In North Carolina, an ex-spouse generally cannot inherit from a former spouse or control estate property if an absolute divorce was entered before death. But if the divorce…
How do I get access to information about what happened medically before my family member died if the administrator won’t share it and there’s a protective order in place? – North Carolina Short Answer In North Carolina, most medical providers will not release a deceased person’s medical records to an heir just because they are…
How are wrongful-death settlement proceeds supposed to be divided between heirs when an estate is opened just to bring the case? – North Carolina Short Answer In North Carolina, wrongful-death settlement proceeds are handled by the estate’s personal representative (the administrator), but the money is generally not treated like a normal estate asset. After paying…
Can an estate deposit or cash a refund check that was originally issued to the deceased person? – North Carolina Short Answer Usually, an estate should not try to deposit or cash a refund check that is payable only to the deceased person. In North Carolina, the safer and more commonly accepted approach is for…
