Can I use funds connected to an estate to take a federal contract and relocate a company, or do I need a specific court order? – North Carolina Short Answer In North Carolina, estate money generally can only be used by the court-appointed personal representative (executor/administrator) acting under the authority of issued “Letters.” Even then,…
Who is allowed to speak with the bank about a deceased person’s accounts if no personal representative has been appointed yet? – North Carolina Short Answer In North Carolina, a bank will usually only discuss or release information about a deceased person’s accounts to someone with legal authority—most often a court-appointed personal representative (executor/administrator) with…
For credit cards only in my spouse’s name versus joint cards, who has to pay and what can creditors do? – North Carolina Short Answer In North Carolina, a credit card that was only in the deceased spouse’s name is usually a debt of the deceased spouse’s estate, not a personal debt of the surviving…
When is the right time to open probate to obtain clear title without giving the buyer more leverage or risking a forced sale? – North Carolina Short Answer In North Carolina, probate (estate administration) is usually opened as soon as a sale needs “marketable” (clear) title, because a buyer can often push harder once it…
If the surviving spouse co-owned the home with the decedent, how is that ownership treated in probate despite the prenuptial? – North Carolina Short Answer In North Carolina, a home that the spouses co-owned with a survivorship form of title (most commonly tenancy by the entirety) usually passes to the surviving spouse automatically at death…
If a will left my deceased family member a share of home-sale proceeds, who receives that share now and how is it claimed through their estate? – North Carolina Short Answer In North Carolina, if a person was entitled to receive money or specific items under someone else’s will and then died before actually receiving…
Will a bank accept electronically signed and time‑stamped estate documents, or do they require wet signatures? – North Carolina Short Answer In North Carolina, electronic signatures can be legally valid in many situations, but a bank is not automatically required to accept an electronically signed, time-stamped estate document for account access. In practice, banks usually…
Will an old heir‑property division affect my title, and should I get a new survey or title search? – North Carolina Short Answer In North Carolina, an older “heirs’ property” division (often a partition case or family division deed) can affect title if it changed who owned the land, how much each person owned, or…
Do I need to open probate if most assets are in a trust, and which assets still have to go through the court? – North Carolina Short Answer Often, no full probate estate is needed in North Carolina when the decedent’s major assets are already titled in a properly funded trust and the remaining assets…
How do beneficiary designations on retirement and bank accounts affect whether they bypass probate? – North Carolina Short Answer In North Carolina, many retirement accounts and bank accounts transfer by beneficiary designation (or survivorship/POD titling) and usually do not become part of the probate estate. The financial institution typically pays the named beneficiary directly after…
