Category Archives: Probate Q&A Series

What proof does the administrator need to get reimbursed for cleanup, repairs, taxes, or other costs, and how can we challenge reimbursements that weren’t actually paid by the administrator? nc

What proof does the administrator need to get reimbursed for cleanup, repairs, taxes, or other costs, and how can we challenge reimbursements that weren’t actually paid by the administrator? – North Carolina Short Answer In North Carolina, an administrator generally must support reimbursements with documentation showing the expense was actually paid (or properly advanced) for…

Does a deficiency judgment affect my ability to transfer or sell the car, and what steps should I take if it does? nc

Does a deficiency judgment affect my ability to transfer or sell the car, and what steps should I take if it does? – North Carolina Short Answer Usually, a deficiency judgment entered in connection with a North Carolina year’s allowance does not stop a vehicle title transfer or sale by itself. In most cases, the…

How do we find out whether a life insurance policy will pay out and who the beneficiary is if we are unsure? nc

How do we find out whether a life insurance policy will pay out and who the beneficiary is if we are unsure? – North Carolina Short Answer In North Carolina, the fastest way to find out whether a life insurance policy will pay and who the beneficiary is usually starts with locating the insurer (or…

Do a second mortgage holder or other lienholders get paid before the estate or other creditors after a foreclosure sale surplus? nc

Do a second mortgage holder or other lienholders get paid before the estate or other creditors after a foreclosure sale surplus? – North Carolina Short Answer In North Carolina, surplus money from a foreclosure sale is generally paid to junior lienholders (like a second mortgage) in order of their lien priority before any remaining balance…

Do I have to notify creditors and send a death certificate, and can creditors collect debts from me personally or only from the estate? nc

Do I have to notify creditors and send a death certificate, and can creditors collect debts from me personally or only from the estate? – North Carolina Short Answer In North Carolina, the duty to notify creditors generally falls on the court-appointed personal representative (executor/administrator), not on family members who are not serving in that…

How are home-sale proceeds handled when the property was sold during a guardianship and there is money left over afterward? nc

How are home-sale proceeds handled when the property was sold during a guardianship and there is money left over afterward? – North Carolina Short Answer In North Carolina, when a home is sold during a guardianship, the leftover sale proceeds generally stay under court supervision and keep the same “character” as the property that was…

Will managing the estate from abroad affect my personal taxes or the estate’s taxes, and how should I document everything for the court? nc

Will managing the estate from abroad affect my personal taxes or the estate’s taxes, and how should I document everything for the court? – North Carolina Short Answer Managing a North Carolina estate from abroad usually does not change the estate’s basic tax filing duties, and it does not automatically make the executor personally responsible…

What can I do if the executor won’t communicate and I think estate money was moved to accounts that aren’t listed? nc

What can I do if the executor won’t communicate and I think estate money was moved to accounts that aren’t listed? – North Carolina Short Answer In North Carolina, an executor (personal representative) has a fiduciary duty to gather estate assets, pay valid debts (including taxes), and account to the court. If the executor stops…

Can I ask a court to put the title in my name because I made the mortgage payments and have proof? nc

Can I ask a court to put the title in my name because I made the mortgage payments and have proof? – North Carolina Short Answer Usually not by probate alone. In North Carolina, when someone dies without a will, the home generally passes by law to the legal heirs—not to the person who paid…

Can we still use an unprobated will to prove an heir’s interest in real property? nc

Can we still use an unprobated will to prove an heir’s interest in real property? – North Carolina Short Answer Usually, no—not by itself. In North Carolina, a will generally must be admitted to probate to be effective to pass title to real property, and an unprobated will often will not satisfy a title company,…