How do we handle tenant rent payments when co-trustees disagree about where the money should be deposited and how it should be tracked? – North Carolina Short Answer In North Carolina, co-trustees generally must act together unless the trust document says otherwise, so rent-collection and banking decisions should be set up in a way both…
If my parent’s property was transferred into the surviving spouse’s name while my parent was in the hospital, can that transfer be undone after death? – North Carolina Short Answer Yes, sometimes. In North Carolina, a property transfer made shortly before death can potentially be challenged and undone after death if the transfer was not…
Will I be responsible for the deceased person’s debts if I open the estate, and which debts are mine versus the estate’s? – North Carolina Short Answer In North Carolina, opening an estate (qualifying as the personal representative) does not automatically make a co-parent, family member, or heir personally responsible for the deceased person’s debts.…
When does an estate qualify for a small-estate process versus a full probate estate if one bank account is over the limit? – North Carolina Short Answer In North Carolina, the small-estate “collection by affidavit” process generally applies only when the decedent’s total probate personal property (after subtracting liens) stays within the statutory dollar cap.…
What happens to a pension and Social Security benefits after someone dies, and do those go through probate? – North Carolina Short Answer In North Carolina, most pensions and Social Security-related payments do not go through probate if they have a named beneficiary or a built-in survivor benefit. Instead, they are usually paid directly to…
How can I protect my home from creditors while I’m administering my spouse’s estate? – North Carolina Short Answer In North Carolina, whether a spouse’s creditors can reach the primary residence during probate usually turns on how the home is titled and whether the surviving spouse timely uses the protections North Carolina law gives to…
Do I have to wait until the creditor notice period ends before filing the inventory or asking the court for authority to sell estate-related property? – North Carolina Short Answer No. In North Carolina, the creditor notice period does not require an administrator to wait before filing the estate inventory or before asking the Clerk…
What happens to medical bills and other debts after someone dies, and who is responsible for paying them? – North Carolina Short Answer In North Carolina, a person’s medical bills and other debts generally do not become the child’s personal responsibility just because the person died. Instead, valid debts are paid from the decedent’s estate…
Can I sell or transfer my parent’s share of jointly owned property, and what if the other co-owners don’t agree? – North Carolina Short Answer In North Carolina, a person generally cannot sell or transfer a deceased parent’s “share” of jointly owned real estate until it is clear who owns that share after death (which…
What happens to an estate case if the executor dies before everything is finished? – North Carolina Short Answer In North Carolina, an estate case does not end just because the executor (personal representative) dies. The executor’s authority stops at death, and the Clerk of Superior Court will appoint a successor personal representative to finish…
