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…
What happens if the lender refuses to accept my payments even though I’m trying to catch up? – North Carolina Short Answer In North Carolina, a mortgage servicer generally must accept and promptly credit a full contractual payment that is sent to the correct payment address, and it must explain in writing if it does…
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…
If I tell a probate attorney that I have proof a relative did something wrong with a will, do they have to report it to anyone? – North Carolina Short Answer Usually, no. In North Carolina, a probate attorney generally must keep information learned from a client confidential and does not have a general duty…
Can the prior attorney refuse to turn over the estate file, and what happens if they do? – North Carolina Short Answer In North Carolina, a prior attorney generally must protect the client’s interests when representation ends, which usually includes promptly providing the client (or the client’s authorized new counsel) the parts of the estate…
Do I need court approval before paying attorney fees or other bills out of the estate account? – North Carolina Short Answer Usually, a North Carolina personal representative can pay ordinary estate administration expenses and valid creditor claims from the estate bank account without getting a separate court order each time. The main exceptions are…
Can I handle the bank paperwork myself while the estate case is still moving forward in court? – North Carolina Short Answer Often, yes. In North Carolina, a personal representative (executor or administrator) can usually communicate with banks, submit their forms, and provide the documents banks commonly require (like certified Letters) even while the estate…
