Can an estate retroactively cancel a health insurance policy after someone has passed away? – NC Short Answer Usually, an estate can ask a health insurer to end coverage effective as of the date of death if the policy should not have remained active after that date. In North Carolina, the estate’s personal representative is…
How can a personal representative or estate representative get authorized to deal with a deceased person’s insurance account? – NC Short Answer In North Carolina, an insurer usually will not discuss account changes, cancellation, or refunds with a family member, staff member, or other caller unless that person has legal authority to act for the…
How do I confirm whether real property actually belongs to a deceased relative when the deed is hard to locate? – NC Short Answer In North Carolina, the best way to confirm whether a deceased relative owned real property is to build the title history from public land records, not to rely only on a…
How do I handle probate paperwork when documents need to be sent between courts in different jurisdictions? – NC Short Answer In North Carolina, probate paperwork that needs to move between courts is usually handled through the clerk of superior court using certified copies, not by transferring the entire estate file from one court to…
Can I work with an English-speaking attorney in another country to help administer foreign estate property? – NC Short Answer Yes. Under North Carolina probate practice, a personal representative or estate attorney can coordinate with an English-speaking attorney in the country where the foreign property is located when that country’s local probate, inheritance, land transfer,…
Do I still need to go to court if the probate accountings are filed and approved before the hearing? – NC Short Answer Usually, maybe not—but only if the Clerk of Superior Court actually removes the hearing from the calendar or confirms that the appearance is no longer required. In North Carolina probate matters, filing…
How do I challenge an assumed mortgage if I was told to sign it during probate and it may not have been proper? – NC Short Answer In North Carolina, a person can challenge an assumed mortgage taken on during probate if the signer did not actually become personally liable, did not receive clear authority…
What happens if estate property has a lien and the creditor is threatening foreclosure before the estate can sell it? – NC Short Answer In North Carolina, a lien does not disappear just because the owner died or the property is in probate. If a secured creditor has the right to foreclose, the estate usually…
What is the process for asking the court to approve a sale of estate property and decide where the remaining proceeds should go? – NC Short Answer In North Carolina, a personal representative usually asks the Clerk of Superior Court to approve a judicial sale of estate real property when a sale is needed to…
How do I start probate for my sibling if I live in another state and do not know whether there is a will? – NC Short Answer In North Carolina, probate starts with the Clerk of Superior Court in the county where the sibling lived at death. If no will can be found right away,…
