Can my child and I share in the surplus funds if my spouse died without a will? – North Carolina Short Answer In North Carolina, surplus funds from a foreclosure go to whoever legally owned the equity at the time of the sale, after junior liens are paid. If your late spouse was entitled to…
How does a court determine who is entitled to surplus funds when someone dies intestate? – North Carolina Short Answer In North Carolina, surplus funds from a foreclosure are applied first to costs and valid liens; any remainder goes to the owner(s) of the property at the time of sale, or their successors. If an…
What happens if an heir refuses to cooperate with a co-signed car loan during estate administration? – North Carolina Short Answer In North Carolina, a personal representative (PR) must protect estate assets and pay valid creditor claims in the statutory order. If an heir won’t cooperate on a co-signed car loan, the PR can still…
Do I have to sell my inherited home to cover outstanding loans and creditor claims against the estate? – North Carolina Short Answer Not automatically. In North Carolina, a personal representative must use estate assets to pay valid debts. Real estate can be sold only if it’s needed and selling is in the estate’s best…
How can I transfer a vehicle title and loan into my name after the death of the decedent? – North Carolina Short Answer In North Carolina, a qualified personal representative (PR) can transfer a decedent’s vehicle by signing the title and filing required DMV paperwork with proof of insurance and certified Letters. Any auto loan…
Can I sell estate vehicles first to satisfy debts before selling other assets? – North Carolina Short Answer Yes. In North Carolina, a personal representative may sell estate vehicles (personal property) without a court order and use the proceeds to pay estate debts. You must act in the estate’s best interest, respect any liens on…
What rights does a surviving spouse have to live in the decedent’s home and claim a spouse allowance? – North Carolina Short Answer In North Carolina, a surviving spouse can (1) claim a $60,000 year’s allowance from the decedent’s personal property and (2) elect a life estate to keep living in the decedent’s primary residence…
How can I petition to be named administrator of my father’s estate when his spouse won’t cooperate? – North Carolina Short Answer In North Carolina, the surviving spouse has first priority to serve as administrator of an intestate estate. If the spouse won’t act, you (as an heir) can file an application with the Clerk…
How do I determine if a lien on estate property is valid or barred by probate deadlines? – North Carolina Short Answer In North Carolina, a creditor who doesn’t present a claim within the estate’s notice period is usually barred from collecting from general estate assets. But a properly perfected lien (for example, a docketed…
What steps can I take to challenge a small claims lien discovered when selling estate property? – North Carolina Short Answer In North Carolina, you first confirm whether the “small claims” item is a properly docketed judgment lien and when it was docketed. Unsecured claims not presented by the creditor notice deadline are barred, but…
