Can a debt collector still pursue payment from estate assets after the claim is barred? – North Carolina Short Answer Usually no. In North Carolina, if a creditor does not properly present a claim within the required creditor-claim deadline, the claim is generally “forever barred” against the estate, meaning the personal representative should not pay…
How can we negotiate a vehicle balance or deficiency claim against the estate? – North Carolina Short Answer In North Carolina, a vehicle balance or “deficiency” claim (the amount allegedly still owed after a vehicle is surrendered or repossessed and sold) is usually handled as a creditor claim in the estate administration. The personal representative…
Can I sell estate real estate during probate, and what’s the best way to handle it if one heir wants to buy out the other instead of selling to a third party? – North Carolina Short Answer Yes—estate real estate can often be sold during probate in North Carolina, but the “right way” depends on…
What do I need to provide to prove a vehicle was properly transferred out of the estate before the estate can be closed? – North Carolina Short Answer In North Carolina, the cleanest way to prove an estate vehicle was properly transferred is to show (1) the signed title transfer paperwork and (2) proof the…
If the insurance payments covered both a vehicle and the decedent’s home, how do I show the court what portion was for the property? – North Carolina Short Answer In North Carolina estate administration, the cleanest way to show what portion of a combined insurance payment relates to the decedent’s home (versus a vehicle) is…
Can a trustee distribute trust assets based only on a probated will when the distribution depends on a testamentary power of appointment? – North Carolina Short Answer Usually not. In North Carolina, when a trust’s distribution depends on whether a testamentary power of appointment was exercised, the trustee generally must confirm that the power was…
If the executor named in the will lives outside the country, can I still open probate in my local court and what role would the executor have? – North Carolina Short Answer Yes. In North Carolina, probate is opened with the Clerk of Superior Court (Estates) in the proper county even if the will names…
What kind of evidence is usually needed to prove or disprove an abandonment claim in an intestate estate case? – North Carolina Short Answer In North Carolina intestate estates, an “abandonment” claim usually turns on concrete proof about the relationship: where the person lived, whether they provided support, and whether their conduct showed an intentional…
What happens if an interested party can’t be located or doesn’t respond after receiving notice? – North Carolina Short Answer In many North Carolina estate proceedings, the case can still move forward if an interested party cannot be located or does not respond—so long as proper legal notice was given. If the person cannot be…
Can I get an advance or loan against my expected inheritance while the estate is still being handled? – North Carolina Short Answer Sometimes, but it depends on what “advance” means. In North Carolina, a personal representative (executor/administrator) may choose to make an early, partial distribution, but doing so can create risk if debts, taxes,…
