What am I legally allowed to do with a deceased parent’s property that’s been left at my home if the executor won’t deal with it? – North Carolina Short Answer In North Carolina, personal property owned by a deceased parent is usually estate property that the executor (personal representative) must identify, safeguard, inventory, and then…
Can an executor deduct the value of estate items left on my property from my inheritance even if those items weren’t properly inventoried or valued? – North Carolina Short Answer In North Carolina, a personal representative (executor) generally should not “just deduct” a number from an heir’s inheritance for estate personal property without properly identifying…
How can I transfer the house into my name through the estate process so the mortgage company will work with me? – North Carolina Short Answer In North Carolina, a house owned by a parent who died without a will typically passes to the legal heirs, but it remains subject to estate debts and the…
How do I challenge a will when the original is missing and only a copy exists? – North Carolina Short Answer In North Carolina, a missing original will creates a serious problem because the court may presume the person revoked it if the original cannot be found. A challenge usually happens through a caveat filed…
How do I get legal authority to handle my parent’s house and mortgage if there was no will? – North Carolina Short Answer In North Carolina, the usual way to get legal authority to deal with a deceased parent’s house and mortgage when there was no will is to open an intestate estate with the…
If a relative was paying the mortgage after my parent died, does that affect who owns the house or what I can do with it now? – North Carolina Short Answer Usually, a relative making mortgage payments after a North Carolina parent dies does not change who owns the house. Ownership is controlled by the…
Can probate of a will create or change anyone’s interest in real property that the deceased owned? – North Carolina Short Answer In North Carolina, probate generally does not “create” new real-estate rights out of thin air. Instead, probate is the court process that validates the will so the will can be used to pass…
Does a will become invalid if the notary information or date looks incorrect or was filled in by someone else? – North Carolina Short Answer Usually, no. In North Carolina, a notary is not required for a standard (attested) will to be valid; the core validity question is whether the will was properly signed and…
Can I be held responsible for actions my spouse took as someone else’s power of attorney before my spouse died? – North Carolina Short Answer Usually, no. In North Carolina, a power of attorney (POA) creates duties for the agent (the person acting under the POA), not for the agent’s spouse. That said, a surviving…
How do we transfer a house title when both spouses are listed but it doesn’t clearly say it passes automatically to the surviving spouse? – North Carolina Short Answer In North Carolina, the first step is to confirm how the home was owned on the deed. Many married couples own real estate as tenants by…
