How do executor fees or commissions work when the estate is insolvent and the main asset is being sold to pay secured debt? – North Carolina Short Answer In North Carolina, an executor’s commission is not automatic in an insolvent estate. The Clerk of Superior Court typically allows a reasonable commission only after reviewing the…
What should an executor do when an estate asset like an RV is worth less than the loan and the lender is trying to repossess it? – North Carolina Short Answer In North Carolina, an executor generally should not spend estate money to keep an “upside-down” RV (worth less than the loan) unless keeping it…
How do we get attorney fees paid from an estate without delaying the final approval and closing of the estate? – North Carolina Short Answer In North Carolina, attorney fees for estate administration are typically paid as an estate administration expense and are usually approved by the Clerk of Superior Court either (1) as part…
If the lender repossesses the RV and sells it for less than what’s owed, who is responsible for the remaining balance? – North Carolina Short Answer In North Carolina, if a financed RV is repossessed and sold for less than the loan payoff, the remaining balance (a “deficiency”) is usually a debt of the borrower.…
What are the chances a court will remove me as executor if most of the estate tasks are already done? – North Carolina Short Answer In North Carolina, a petition to remove an executor is not automatically defeated just because most estate work is already finished. The Clerk of Superior Court focuses on whether there…
If the last creditor has been paid, what documents are typically needed to prove the claim is fully satisfied? – North Carolina Short Answer In a North Carolina estate, proof that the last creditor claim is fully satisfied is usually shown through payment records (like a canceled check or bank confirmation) plus a creditor “paid…
How can I confirm whether the estate taxes were filed on time and whether anything is still outstanding? – North Carolina Short Answer In North Carolina, confirmation usually comes from (1) the estate file with the Clerk of Superior Court (for probate filings and any required estate-tax certification) and (2) written proof from the executor…
Can a family member help gather information and communicate with the law firm during the probate process? – North Carolina Short Answer Yes. In North Carolina probate, a family member can often help gather documents, track assets and debts, and relay information to the law firm. However, the law firm typically takes legal instructions from…
What happens if the final accounting isn’t completed in time for a trust company’s committee deadline? – North Carolina Short Answer In North Carolina, a trust company’s internal committee deadline does not control the legal deadline for an executor (personal representative) to finish an estate. If the final accounting and “closing package” are not ready…
Can my attorney notify my siblings by certified letter, and what does that notice need to include? – North Carolina Short Answer Sometimes. In North Carolina probate-related matters, whether an attorney can notify siblings by certified mail depends on what kind of proceeding is pending and what the Clerk of Superior Court (or judge) requires…
