News and Articles

Page 250 of 691

Surplus Funds Q&A Series

Jan 29, 2026

What happens if there are other liens or judgments against either owner—can those reduce or take the surplus funds? nc

Recent Legal Update Updated: April 2026 North Carolina’s foreclosure-surplus procedure still centers on N.C. Gen. Stat. § 45-21.31, but the more specific special-proceeding statute for foreclosure surplus is N.C. Gen. Stat. § 45-21.32. The prior article cited § 1-339.71, which governs surplus disputes in execution-sale contexts, not foreclosure-sale surplus paid into the clerk under §…

Probate Q&A Series

Jan 29, 2026

How do I file something in probate to stop a proposed executor from acting before they’re officially appointed? nc

How do I file something in probate to stop a proposed executor from acting before they’re officially appointed? – North Carolina Short Answer In North Carolina, a person does not have authority to act as executor (personal representative) until the Clerk of Superior Court issues letters (letters testamentary or letters of administration). If someone is…

Guardianship Q&A Series

Jan 29, 2026

What can I bring to court to show I’m using my spouse’s benefit payments appropriately to cover household bills and keep housing stable? nc

What can I bring to court to show I’m using my spouse’s benefit payments appropriately to cover household bills and keep housing stable? – North Carolina Short Answer In North Carolina, the most persuasive way to show proper use of a spouse’s benefit payments is clear, organized financial proof that ties each deposit to necessary…

Probate Q&A Series

Jan 29, 2026

Who becomes the executor if the surviving spouse is disqualified or cannot serve under the will after an equitable distribution order? nc

Who becomes the executor if the surviving spouse is disqualified or cannot serve under the will after an equitable distribution order? – North Carolina Short Answer In North Carolina, if the surviving spouse named as executor cannot serve (because the spouse is legally disqualified, declines, or is removed), the Clerk of Superior Court will generally…

Probate Q&A Series

Jan 29, 2026

If my parent owned property, can it be transferred to a relative who has been paying the taxes and insurance? nc

If my parent owned property, can it be transferred to a relative who has been paying the taxes and insurance? – North Carolina Short Answer Not automatically. In North Carolina, paying the property taxes and insurance usually does not transfer ownership after a parent’s death. Title typically passes under a will (to the named devisees)…

Probate Q&A Series

Jan 29, 2026

What reasons would a court have to refuse to accept an older will even if it looks properly signed and witnessed? nc

What reasons would a court have to refuse to accept an older will even if it looks properly signed and witnessed? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can refuse to admit an older will to probate (or can require a different procedure) even if the signature and witness…

Probate Q&A Series

Jan 29, 2026

If I’m a beneficiary, when and how am I supposed to be notified about the estate? nc

If I’m a beneficiary, when and how am I supposed to be notified about the estate? – North Carolina Short Answer In North Carolina, a beneficiary is usually notified after a personal representative (executor or administrator) opens the estate with the Clerk of Superior Court. Notice often happens by mail or other direct communication from…

Probate Q&A Series

Jan 29, 2026

Do inheritance-advance agreements require monthly payments, or is repayment made as a lump sum at the end of probate? nc

Do inheritance-advance agreements require monthly payments, or is repayment made as a lump sum at the end of probate? – North Carolina Short Answer In North Carolina, most inheritance-advance arrangements are structured so the funding company is repaid from the beneficiary’s distribution when the estate makes a distribution, which often means a lump-sum payoff at…

Probate Q&A Series

Jan 29, 2026

Can I renew the registration and keep living in the house while probate is pending if the title owner is deceased and the loan isn’t paid off yet? nc

Can I renew the registration and keep living in the house while probate is pending if the title owner is deceased and the loan isn’t paid off yet? – North Carolina Short Answer In North Carolina, a person can often keep living in a deceased owner’s house while probate is pending, but only if the…

Probate Q&A Series

Jan 29, 2026

How can I sell a deceased person’s mortgage-free home during probate, and what approvals or paperwork are usually required? nc

How can I sell a deceased person’s mortgage-free home during probate, and what approvals or paperwork are usually required? – North Carolina Short Answer In North Carolina, selling a deceased person’s mortgage-free home during probate usually depends on whether the personal representative has authority to sell the real estate without a court order. If the…

Real Estate Q&A Series

Jan 29, 2026

Do we need a new deed drafted, or can an existing deed be updated to add or change the owner? nc

Do we need a new deed drafted, or can an existing deed be updated to add or change the owner? – North Carolina Short Answer In North Carolina, changing ownership is usually done by signing and recording a new deed rather than “updating” an old recorded deed. A recorded deed generally cannot be edited to…

Probate Q&A Series

Jan 29, 2026

What happens if the administrator sold estate property or paid certain debts before properly accounting for everything? nc

What happens if the administrator sold estate property or paid certain debts before properly accounting for everything? – North Carolina Short Answer In North Carolina, an estate administrator can sell estate property and pay valid estate debts during administration, but the administrator must keep records and later account to the Clerk of Superior Court through…

Real Estate Q&A Series

Jan 29, 2026

How can I sell my house quickly if I’m behind on property taxes? nc

How can I sell my house quickly if I’m behind on property taxes? – North Carolina Short Answer In North Carolina, a house can usually be sold even when property taxes are delinquent, but the taxes (plus interest, penalties, and costs) typically must be paid at or before closing so the buyer receives clear title.…

Probate Q&A Series

Jan 29, 2026

Do I have to file a creditor claim in probate to get paid on my judgment, or will the estate contact me automatically? nc

Do I have to file a creditor claim in probate to get paid on my judgment, or will the estate contact me automatically? – North Carolina Short Answer In North Carolina, a judgment creditor usually should not wait for the estate to “reach out.” To preserve the right to be paid from probate assets, the…

Probate Q&A Series

Jan 29, 2026

How do I transfer a car title into my name when the co-borrower died without a will and the title is only in their name? nc

How do I transfer a car title into my name when the co-borrower died without a will and the title is only in their name? – North Carolina Short Answer In North Carolina, a co-borrower’s death does not automatically put the vehicle in the surviving co-borrower’s name if the title is only in the deceased…

Real Estate Q&A Series

Jan 29, 2026

Do I need a separate agreement or court order before recording a quitclaim deed from my former spouse? nc

Do I need a separate agreement or court order before recording a quitclaim deed from my former spouse? – North Carolina Short Answer Usually, no. In North Carolina, a properly drafted quitclaim deed signed by the former spouse and properly acknowledged (typically notarized) can be recorded with the county Register of Deeds without a separate…

Probate Q&A Series

Jan 29, 2026

How do we handle retirement funds that list the estate as the beneficiary, and will taxes need to be withheld or returns filed? nc

How do we handle retirement funds that list the estate as the beneficiary, and will taxes need to be withheld or returns filed? – North Carolina Short Answer In North Carolina, when a retirement account names the estate as beneficiary, the personal representative (administrator) typically collects the funds into the estate and reports them in…

Probate Q&A Series

Jan 29, 2026

What can I do if the bank keeps transferring me and no department will confirm where to send an estate request? nc

What can I do if the bank keeps transferring me and no department will confirm where to send an estate request? – North Carolina Short Answer In North Carolina, the most effective way to stop the “transfer loop” is to switch from phone calls to a written, trackable request sent to the bank’s legal/estate processing…

Probate Q&A Series

Jan 29, 2026

What happens if we miss the early payoff window and pay after that period expires? nc

What happens if we miss the early payoff window and pay after that period expires? – North Carolina Short Answer In North Carolina, if an inheritance-advance agreement offers an “early pay rebate” only for payments made within a stated window, paying after that window usually means the rebate no longer applies and the payoff amount…

Probate Q&A Series

Jan 29, 2026

Can I request another early distribution from the estate while the probate case is still ongoing? nc

Can I request another early distribution from the estate while the probate case is still ongoing? – North Carolina Short Answer Sometimes. In North Carolina, an estate can often make more than one interim (early) distribution while probate is still open, but only if the personal representative can do it safely after accounting for known…

Guardianship Q&A Series

Jan 29, 2026

How can I prevent relatives from interfering with a vulnerable adult’s finances while the guardianship is being finalized? nc

How can I prevent relatives from interfering with a vulnerable adult’s finances while the guardianship is being finalized? – North Carolina Short Answer In North Carolina, the most direct way to stop relatives from interfering with a vulnerable adult’s money while a guardianship is still pending is to ask the Clerk of Superior Court for…

Probate Q&A Series

Jan 29, 2026

Do joint bank accounts need to be included on the probate inventory, and what happens if funeral expenses were paid from a joint account? nc

Do joint bank accounts need to be included on the probate inventory, and what happens if funeral expenses were paid from a joint account? – North Carolina Short Answer In North Carolina, a true joint account with right of survivorship usually passes to the surviving co-owner outside of probate, so it is often not listed…

Probate Q&A Series

Jan 29, 2026

How can I force the trustee to provide a full accounting, tax filings, and copies of property sale documents? nc

How can I force the trustee to provide a full accounting, tax filings, and copies of property sale documents? – North Carolina Short Answer In North Carolina, a qualified trust beneficiary can usually force a trustee to produce a proper accounting and supporting records by filing a trust proceeding with the Clerk of Superior Court.…

Probate Q&A Series

Jan 29, 2026

What happens if the executor didn’t pay the mortgage or taxes and the property went into foreclosure after the death? nc

What happens if the executor didn’t pay the mortgage or taxes and the property went into foreclosure after the death? – North Carolina Short Answer In North Carolina, a foreclosure can still move forward after the owner’s death if the mortgage or property taxes are not kept current. If the foreclosure sale produces extra money…