Can we ask the lender to pause foreclosure while we market the home, and what documentation do they usually require? – North Carolina Short Answer In North Carolina, a borrower or estate representative can always ask a lender or foreclosure trustee to pause or postpone a foreclosure sale while the property is marketed, but the…
What steps fix the title and divide the property fairly after a long delay? – North Carolina Short Answer Under North Carolina law, cleaning up title after a long delay usually involves (1) confirming who owns the property under intestate succession or a will, (2) recording the right documents to show those owners in the…
What happens if family members have used or sold property without going through probate? – North Carolina Short Answer Under North Carolina law, heirs technically own real estate at death, but their rights are limited by the estate’s debts and the role of any personal representative. Sales or use of estate property without proper probate…
Who is allowed to serve as the personal representative, and how is that person appointed? – North Carolina Short Answer Under North Carolina law, a personal representative (executor or administrator) must be an adult who is legally competent, not disqualified by a serious criminal record or certain residency issues, and otherwise suitable to handle the…
How can I properly notify a company creditor and make sure I’m in compliance with state requirements? – North Carolina Short Answer In North Carolina, a personal representative must both publish a general notice to creditors and, for known creditors such as a company, send a written notice directly to the creditor at its correct…
How do I file and update the estate inventory, and what records do I need to provide? – North Carolina Short Answer In North Carolina, the personal representative must file a sworn estate inventory with the Clerk of Superior Court, usually within 90 days after qualifying. The inventory lists all probate assets and their date-of-death…
Which bank statements and documents are required for the annual and final estate accounting, and do I need to include statements for months after the annual period ends? – North Carolina Short Answer In North Carolina, annual and final estate accountings must list every receipt and disbursement for the period covered and be backed up…
Do I need to open a separate estate account if there was a joint bank account and I used court papers to move other accounts into my name? – North Carolina Short Answer Under North Carolina probate practice, a personal representative generally should open a separate estate checking account and run all estate receipts and…
After filing the inventory, what does the accounting require to document payments to creditors and taxes and distributions to myself? – North Carolina Short Answer In a North Carolina estate, each annual or final accounting filed with the Clerk of Superior Court must show every dollar that came into and went out of the estate,…
If no estate has been opened, can the named executor sign the vehicle title, or do we need a different process? – North Carolina Short Answer In North Carolina, a person named as executor in a will has no legal authority to sign a vehicle title until the clerk of superior court actually issues letters…
