Can I settle an SBA claim against the estate when its assets are largely illiquid?: North Carolina probate answer

Can I settle an SBA claim against the estate when its assets are largely illiquid? – North Carolina Short Answer Yes. In North Carolina, a personal representative may negotiate and settle creditor claims, including an SBA debt, but must follow the state’s claims‑priority rules and protect all interested parties. When the estate is illiquid, you…

Can I list and sell a decedent’s property without court approval to satisfy debts?: Clear guidance under North Carolina law

Can I list and sell a decedent’s property without court approval to satisfy debts? – North Carolina Short Answer In North Carolina, a personal representative may sell a decedent’s real property without court approval only if the will clearly authorizes a sale (for example, an express power of sale or incorporation of statutory powers) and…

How do I open probate for both parents when neither left a will and one served as personal representative of the other’s estate?: Answered for North Carolina

How do I open probate for both parents when neither left a will and one served as personal representative of the other’s estate? – North Carolina Short Answer In North Carolina, you open two intestate estates: (1) appoint a successor administrator de bonis non to finish the first parent’s estate (because the prior personal representative…

What steps can I take to challenge my sibling being named executor if they try to disinherit me?: Clear steps to object or remove an executor in North Carolina

What steps can I take to challenge my sibling being named executor if they try to disinherit me? – North Carolina Short Answer In North Carolina, you can challenge your sibling’s appointment by filing a verified petition with the Clerk of Superior Court to deny or revoke their letters and, if a will is involved,…

Can I contest a will that gives a portion of my parent’s estate to my sibling’s spouse against my interests?: Answered under North Carolina probate law

Can I contest a will that gives a portion of my parent’s estate to my sibling’s spouse against my interests? – North Carolina Short Answer Yes. In North Carolina, a child or other person with a direct financial stake can challenge a will by filing a “caveat” in the Clerk of Superior Court. You generally…

How can I recover money that my sibling withdrew from my parent’s accounts under a power of attorney?

How can I recover money that my sibling withdrew from my parent’s accounts under a power of attorney? – North Carolina Short Answer In North Carolina, you typically recover misused funds by having the deceased parent’s personal representative demand an accounting from the former power of attorney, examine where the money went, and seek return…