Can I force a sale of the inherited home or file a partition action if the surviving spouse won’t pay the mortgage?: North Carolina probate options and timing

Can I force a sale of the inherited home or file a partition action if the surviving spouse won’t pay the mortgage? – North Carolina Short Answer In North Carolina, you can usually address this through the estate first. If the estate needs cash to pay debts (like the mortgage, car loan, and administration costs),…

How can I challenge a surviving spouse’s claim on a joint or payable-on-death account in probate?

How can I challenge a surviving spouse’s claim on a joint or payable-on-death account in probate? – North Carolina Short Answer In North Carolina, money in a joint or payable‑on‑death (POD) account usually passes to the surviving owner or named beneficiary outside probate. To challenge that result, you must first be appointed as the estate’s…

Can I recover notary or closing costs from estate funds when selling property?: North Carolina

Can I recover notary or closing costs from estate funds when selling property? – North Carolina Short Answer Yes—if the expenses are reasonable, necessary to administer the estate, and the sale is handled under the personal representative’s authority, North Carolina law allows reimbursement from estate funds subject to the Clerk of Superior Court’s approval. If…