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…
What can I do if a notary refuses to notarize my estate paperwork because the form is dated from last year? – North Carolina Short Answer In North Carolina, a notary usually should focus on the notarization requirements (identity, willingness, and personal appearance), not the year printed on a form. A document can often be…
Can I refuse to sign prior-year joint tax returns until I know whether the estate has enough assets to pay the taxes and penalties? – North Carolina Short Answer In North Carolina, a former spouse generally can decline to sign a prior-year joint return if signing would create personal exposure for taxes, interest, and penalties…
If my spouse died with debts like medical bills and attorney fees, can creditors force the sale of the home where our child and I live? – North Carolina Short Answer In North Carolina, a creditor usually cannot force the sale of a home directly just because a spouse died owing medical bills or attorney…
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…
