In what order are funeral costs, taxes, and unsecured debts paid, and when—if ever—could beneficiaries receive anything? – North Carolina Short Answer In North Carolina, an estate generally pays administration costs and certain family allowances first, then pays claims in a statutory priority order. Funeral expenses receive a limited priority amount, taxes are paid in…
What can I do to stop the apartment complex from clearing out or disposing of the belongings? – North Carolina Short Answer In North Carolina, the most effective way to stop an apartment complex from clearing out or disposing of a deceased tenant’s belongings is to quickly create clear legal authority for someone to take…
How do I get court papers that authorize me to handle the estate so the bank will work with me? – North Carolina Short Answer In North Carolina, banks usually require “Letters Testamentary” (if there is a will naming an executor) or “Letters of Administration” (if there is no will or no executor can serve).…
What are the steps to publish the notice to creditors and close the estate on a simple timeline? – North Carolina Short Answer In North Carolina, a personal representative (executor) generally publishes a Notice to Creditors early in the estate, then waits out the creditor period before making final distributions and filing a final accounting…
Can an executor move estate property into their own name before the estate is settled, and how do we challenge those transfers? – North Carolina Short Answer In North Carolina, an executor (personal representative) generally cannot transfer estate property into the executor’s own name for personal benefit before the estate is settled. The executor owes…
Can journal entries be used like a holographic will to show our parent wanted the children to inherit the home? – North Carolina Short Answer Sometimes, but only if the journal entry itself qualifies as a valid holographic (handwritten) will under North Carolina law. A journal entry that merely describes wishes or plans usually does…
How can I report a realtor who may have steered my sale to friends and refused to show or consider other offers, and what evidence should I collect? – North Carolina Short Answer In North Carolina, suspected misconduct by a real estate broker (including failing to present offers, undisclosed conflicts, or other dishonest dealing) can…
How do I get access to my deceased parent’s mail if delivery was stopped and a sibling at the property hasn’t been checking it? – North Carolina Short Answer In North Carolina, the cleanest way to get access to a deceased parent’s held or stopped mail is to have a court-appointed personal representative (executor or…
If a shareholder account was closed before the person died, do I still report it in probate and how can I confirm its final balance and transactions? – North Carolina Short Answer In North Carolina probate, the inventory generally lists what the decedent owned at death. If a shareholder (stock/DRIP) account was fully closed before…
How can I find out whether there is a will and who should handle the estate? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (the probate court) has exclusive authority over probating wills and appointing the person who handles an estate (the “personal representative”). A will is usually found in…
