Legal Question in Credit and Debt Law in North Carolina

Nicole,

I don't know who informed you but I assume that you are not the personal representative of the estate and that you were informed by either the personal representative or estate attorney. If not, then you need to find out what is going on by checking the court file yourself.

The personal representative will seek to probate the will (I assume there is a will as you were given a life estate in the home). The personal representative will also be filing a preliminary and 90-day inventory. Notice will be published in the newspaper regarding your mother's death and claims will be filed by any creditors within the timeframe specified in the notice. The representative will have to see what claims are properly and timely filed. If this is not being done, then the estate may be mishandled and the personal representative can be removed.

Assuming that the estate is being properly administered, depending on what they are, it may be possible to come up with some other option so that you and the remainderman can retain the home. Is the house owned free and clear or is there a mortgage? Is it possible to get a loan or refi the home so that the estate can have the money to pay the bills and taxes? Failing that, then the home will have to be sold. The heirs are not allowed to keep the assets and not pay the bills or taxes.