What documents does an estate administrator need to provide to a lender to get information about a deceased person’s auto loan? – North Carolina Short Answer In North Carolina, an auto lender will usually require proof of death and proof that the requester has legal authority to act for the estate before it will discuss…
What happens if we can’t file the required probate report on time because another administrator is withholding information? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court expects the personal representative(s) to file required estate reports on time, even when a co-administrator is uncooperative. The practical fix is to act early:…
Can medical bills or Medicaid estate recovery still go after a home that was deeded with right of survivorship to family members before death? – North Carolina Short Answer In North Carolina, a home titled as a valid joint tenancy with right of survivorship usually passes to the surviving co-owners outside of probate. That said,…
What happens after the will is validated in probate, and what are the next steps to transfer assets to the beneficiary? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court admits (validates) a will to probate, the next step is usually appointing the personal representative (often called the executor) and…
Do I still need to open an estate and be appointed administrator if the only asset was the house and the deed is already in my name? – North Carolina Short Answer Maybe not. In North Carolina, a full estate administration is often unnecessary when the decedent owned only real estate and title already passed…
Can I file a creditor claim in probate to get reimbursed for home payments and other expenses I paid on behalf of the estate? – North Carolina Short Answer Yes. In North Carolina, a person who paid mortgage payments, insurance, upkeep, or other bills tied to a decedent’s property can often seek reimbursement by filing…
Does a will still count as valid if it doesn’t have a notary stamp on it? – North Carolina Short Answer In North Carolina, a will can still be valid even if it does not have a notary stamp. A notary is generally used to make a will “self-proved,” which makes probate easier, but notarization…
If the will has broad language giving “all assets” to someone, does that include U.S. bank accounts that were never mentioned specifically? – North Carolina Short Answer Usually, yes. Under North Carolina law, a will can pass all property the person owned at death, including personal property like bank accounts, even if the will does…
What happens if caregivers or family members wrote checks or used credit cards without permission while my parent was vulnerable? – North Carolina Short Answer In North Carolina, unauthorized check-writing or credit card use against a vulnerable parent can trigger both civil and criminal consequences. Civilly, the person who took the money may be required…
What kind of proof does the executor need to keep so the estate will reimburse expenses connected to administering the estate? – North Carolina Short Answer In North Carolina, an executor (personal representative) should keep clear, itemized proof that an expense was (1) actually paid, (2) paid by the executor personally (if out-of-pocket), and (3)…
