Do I have to open an estate case to change the title, even if the only asset is the house? – North Carolina Short Answer Not always. In North Carolina, when someone dies without a will, the house generally passes to the legal heirs under the intestate succession rules, but the public records still usually…
Do I need to authorize payment from the decedent’s bank account to cover costs related to selling an estate vehicle? – North Carolina Short Answer In North Carolina, payment of estate expenses tied to selling a decedent’s vehicle (like title fees, lien payoffs, towing, or necessary repairs) generally should be authorized and paid by the…
How can I access money that’s tied up with a company that handled the deceased person’s finances or payments? – North Carolina Short Answer In North Carolina, most companies will not release a deceased person’s money or detailed account information until someone has legal authority to act for the estate. That authority usually comes from…
What happens if an estate account can’t be closed because there’s a small remaining balance left in the account? – North Carolina Short Answer In North Carolina, an estate usually cannot be fully closed until the personal representative has accounted for and distributed the remaining cash so the estate account can reach a true “zero…
If the deceased person owned a vehicle or other property, can those assets be used to satisfy my judgment? – North Carolina Short Answer Sometimes. In North Carolina, a judgment creditor generally gets paid from assets that are part of the deceased person’s probate estate, after higher-priority expenses and family allowances are handled. A vehicle,…
Do I have to open probate to deal with multiple parcels of property left by a deceased parent? – North Carolina Short Answer Not always. In North Carolina, real estate often passes to heirs at death, but probate (or another estate process through the Clerk of Superior Court) is commonly needed to clear title, handle…
How do I know whether what happened counts as undue influence in a will situation? – North Carolina Short Answer In North Carolina, “undue influence” in a will case generally means someone’s pressure or control overcame the person making the will so the document reflects the influencer’s wishes instead of the testator’s free choice. Courts…
Can an estate be handled if some heirs are unknown or their addresses are missing? – North Carolina Short Answer Yes. In North Carolina, an estate can usually move forward even when some heirs are unknown or cannot be located, but the personal representative must follow specific notice and court procedures to protect those people’s…
Do I need to go to court to transfer the deceased person’s assets when there is no will? – North Carolina Short Answer Usually, yes—some involvement with the North Carolina court system is required to transfer assets that were in the deceased person’s name alone when there is no will. In North Carolina, probate and…
What can I do if someone used a fake power of attorney to transfer my parent’s land while my parent was in the hospital? – North Carolina Short Answer In North Carolina, a land transfer signed under a fake (forged or invalid) power of attorney can often be challenged in court and unwound, especially if…
