If no one opens an estate and there’s no will, who is responsible for debts and how do I handle a financed vehicle that I returned to the lender? – North Carolina Short Answer In North Carolina, a deceased person’s debts are usually paid from the deceased person’s property, not from a surviving spouse’s or…
How can I make sure money and property a sibling took before probate are counted against their share, and what proof do we need? – North Carolina Short Answer In North Carolina, the estate can often treat a pre-death transfer as an “advancement” (an early payout of an intestate inheritance) only if the law’s requirements…
What steps should I take right now to protect my rights in the probate case while this dispute is being decided? – North Carolina Short Answer In North Carolina, the safest way to protect rights during a probate dispute is to (1) get formally made a party in the correct probate or caveat proceeding, (2)…
Can the accounting deadline be extended if I need more time to collect records, and how do I request an extension? – North Carolina Short Answer In North Carolina probate matters, the Clerk of Superior Court can often allow more time to file an accounting when there is a good reason, such as missing bank…
If we remain co‑owners of rental property after trust administration, how do I start a partition to sell or divide the properties? – North Carolina Short Answer In North Carolina, any co-owner (called a “cotenant”) can start a partition case in Superior Court to force co-owned real estate to be divided or sold. Partition usually…
What steps can I take to pause or postpone a foreclosure when I’m not yet the executor? – North Carolina Short Answer In North Carolina, the fastest way to try to pause or postpone a foreclosure on estate real property is usually to (1) get someone appointed as the estate’s personal representative as quickly as…
Can I force the estate to account for a vehicle that appears to be missing from the inventory and recover it or its value? – North Carolina Short Answer Yes. In North Carolina, an “interested person” can ask the Clerk of Superior Court to compel the personal representative to file a full and satisfactory accounting…
If the death certificate isn’t corrected before the hearing, what will the court do and how could that affect my eligibility? – North Carolina Short Answer In North Carolina probate, the Clerk of Superior Court often can move forward without a corrected death certificate if there is other reliable proof of death and the decedent’s…
Can I require my sibling to buy out my share of the rental properties held in the trust, and what are my options if we cannot agree on value or terms? – North Carolina Short Answer Usually, North Carolina law does not let a trust beneficiary or co-trustee force a sibling to “buy out” a…
How can I obtain a complete copy of the trust and a full asset list if I was only given a basic document without attachments? – North Carolina Short Answer In North Carolina, a qualified trust beneficiary can usually demand a copy of the trust instrument and reasonably complete, accurate information about the nature and…
