What happens if a consent order says the house must be sold, but everyone now agrees they want to keep the house for the minor child? – North Carolina Short Answer In North Carolina, a signed equitable distribution consent order is a court order, so the “sell the house” requirement generally stays in place unless…
What can I do if the trustee paid questionable or late creditor claims without investigating them? – North Carolina Short Answer In North Carolina, a beneficiary can ask the court to step in when a trustee pays questionable claims (including claims presented late) without taking reasonable steps to verify them. Common remedies include a court-ordered…
What happens if there is a will versus no will when starting probate? – North Carolina Short Answer In North Carolina, starting probate looks different depending on whether the decedent left a valid will. With a will, the Clerk of Superior Court typically admits the will to probate and appoints the executor named in the…
How do I find out whether the will was properly signed, witnessed, and accepted as valid by the court? – North Carolina Short Answer In North Carolina, the fastest way to confirm whether a will was properly signed, witnessed, and accepted is to review the estate file maintained by the Clerk of Superior Court in…
How can an estate obtain a satisfaction of claim so the account can be closed or cleared? – North Carolina Short Answer In North Carolina, an estate usually “clears” a creditor claim in one of three ways: (1) the creditor provides a written release/satisfaction after payment or settlement, (2) the personal representative rejects the claim…
How do I find out what type of deed it is and whether the house automatically passed to the person added to the deed? – North Carolina Short Answer In North Carolina, the recorded deed itself usually answers both questions: it shows the deed type (for example, warranty deed or quitclaim deed) and, more importantly,…
What happens if I don’t respond to the surety company letter or don’t pay what they’re asking for? – North Carolina Short Answer In North Carolina, a probate surety company usually sends a letter because it believes the personal representative owes money under the bond paperwork (often reimbursement for bond premiums or for a claim…
Can I personally pay an estate creditor bill to speed up closing the estate, or does it have to be paid through the estate? – North Carolina Short Answer In North Carolina, an estate debt is normally paid by the personal representative from estate funds, and the payment is then shown on the estate’s accounting…
How do I correct a deceased person’s date of death in government benefit records so an appeal can move forward? – North Carolina Short Answer In North Carolina, the cleanest way to fix a wrong date of death in Medicare-related benefit records is usually to correct the underlying death record first (the death certificate), then…
What happens if I think someone pressured an older adult to change a will or other documents? – North Carolina Short Answer In North Carolina, suspected pressure on an older adult can lead to different legal paths depending on what document changed and whether the person is still living. If the person has died and…
