Can my case move forward while the Medicaid lien information is still pending? – NC Short Answer Usually, yes. In North Carolina probate, an estate can often keep moving through routine administration while the personal representative waits to learn whether the Department of Health and Human Services will assert a Medicaid estate recovery claim. The…
How do I protect an estate when a lender files a lawsuit to take possession of estate property? – NC Short Answer In North Carolina, a lender with a valid lien on estate property can usually pursue the collateral, but that does not automatically make every other estate asset or any heir personally responsible for…
What happens if the estate doesn’t have enough assets to pay all of the decedent’s debts? – NC Short Answer In North Carolina, an estate that cannot pay all valid debts is generally treated as insolvent. The personal representative does not simply pay creditors in the order they call or send letters. Instead, the estate…
How can I confirm whether a loan from a parent to a family business was repaid or whether a business interest was properly bought out before it was sold? – NC Short Answer In North Carolina, the usual way to confirm whether a parent’s loan to a family business was repaid or whether a business…
Can the DMV title transfer after a death be done by mail or online, or does it have to be done in person? – NC Short Answer In North Carolina, a vehicle title transfer after a death does not always have to be done in person. The paperwork is often handled by mail with the…
What happens if the person who holds title tries to take me to court to remove me from the property? – NC Short Answer In North Carolina, the answer usually turns on what the will actually gave the surviving spouse and whether that right was properly created and preserved. If a will gave the surviving…
How do I open an ancillary probate case for property located in another state when my spouse died without a will? – NC Short Answer In North Carolina, an ancillary probate case for a nonresident spouse who died without a will is usually opened with the Clerk of Superior Court in the North Carolina county…
What happens to a bank account in another state when someone dies without a will? – NC Short Answer Usually, a bank account located in another state is handled under the law and probate process of the state where that account is being administered, not through a North Carolina intestate estate alone. If the deceased…
Do I need an estate opened to settle a wrongful death claim and distribute the proceeds? – NC Short Answer Usually, yes. In North Carolina, a wrongful death claim must be brought and settled by the decedent’s personal representative, so an estate proceeding is often needed to have an administrator or executor appointed. But the…
Can I get the estate’s EIN from the lawyer handling the estate if I am a current client? – NC Short Answer Usually, yes. In North Carolina, if the law firm represents the estate through the duly appointed personal representative and the person asking is that current client in that role, the lawyer can usually…
