Category Archives: Probate Q&A Series

What do we need to do to ensure outstanding credit card and real estate tax claims are paid off at closing so the buyer gets clear title?: Practical steps for North Carolina probate home sales

What do we need to do to ensure outstanding credit card and real estate tax claims are paid off at closing so the buyer gets clear title? – North Carolina Short Answer In North Carolina, the personal representative (administrator) must either have legal authority to sell or must join the heirs’ deed so the closing…

What paperwork do I need when buying a vehicle through the estate administration process?

What paperwork do I need when buying a vehicle through the estate administration process? – North Carolina Short Answer In North Carolina, a valid estate vehicle sale to a third-party buyer requires proof the seller has authority, a properly assigned title with odometer disclosure, and your completed title application with insurance and taxes paid at…

Can I directly offer to buy a vehicle from an estate representative before an auction?

Can I directly offer to buy a vehicle from an estate representative before an auction? – North Carolina Short Answer Yes. In North Carolina, a personal representative may sell estate personal property, like vehicles, by private sale without a court order. If a court has already ordered a judicial sale (an auction) or the representative…

How can I defend against a caveat contesting my mother-in-law’s inheritance?: North Carolina

How can I defend against a caveat contesting my mother-in-law’s inheritance? – North Carolina Short Answer In North Carolina, once a caveat (will contest) is filed with the Clerk of Superior Court, the case is sent to Superior Court for a jury trial, and estate distributions are put on hold. To defend the will, the…

Can she claim reimbursement for home improvements and other estate expenses if the will is overturned?

Can she claim reimbursement for home improvements and other estate expenses if the will is overturned? – North Carolina Short Answer Yes—under North Carolina law, necessary and reasonable expenses of administering the estate can be reimbursed even if the will is later set aside. While a caveat is pending, the personal representative may not distribute…

Can I become sole administrator if the other heir ignores the court notice?: North Carolina probate answer

Can I become sole administrator if the other heir ignores the court notice? – North Carolina Short Answer Often, yes. Under North Carolina law, if a co-equal heir is properly served with the required 15-day notice of your application and does not respond, the Clerk of Superior Court can treat that silence as a renunciation…

How can I find out if settlement funds from my spouse’s predeath claim are governed by the will or wrongful death statutes?

How can I find out if settlement funds from my spouse’s predeath claim are governed by the will or wrongful death statutes? – North Carolina Short Answer In North Carolina, settlement money tied to a wrongful death claim is not part of the probate estate and is distributed to statutory heirs under the intestacy rules,…

Am I required to distribute wrongful death proceeds according to intestate succession even though there is a will?: North Carolina

Am I required to distribute wrongful death proceeds according to intestate succession even though there is a will? – North Carolina Short Answer Yes. In North Carolina, wrongful death proceeds are not estate assets and do not pass under the will. After paying limited, statutorily allowed expenses and liens, the balance must be distributed to…

What documentation does a bank require to verify a decedent’s identity and balance?: North Carolina probate

What documentation does a bank require to verify a decedent’s identity and balance? – North Carolina Short Answer In North Carolina, banks typically need a certified death certificate and proof of your legal authority over the estate before they will discuss a decedent’s accounts or provide balances. That proof is usually Letters Testamentary or Letters…

How can I force disclosure of a trust document my sister is hiding in a safe deposit box?: Practical steps under North Carolina law

How can I force disclosure of a trust document my sister is hiding in a safe deposit box? – North Carolina Short Answer In North Carolina, a qualified trust beneficiary can demand a copy of the trust from the trustee. If the trustee refuses, you can file a trust proceeding with the Clerk of Superior…