Legal Question in Wills and Trusts in North Carolina

Can a Trustee from another state other than NC place an ad in the Classified section of a NC paper for "Notice to Creditors" with the out of state address for all responses being outside of NC?


Asked on 11/26/13, 12:32 pm

1 Answer from Attorneys

I need more information. The issue is not where the trustee is located but where the estate or trust is located. If that is NC then the notice has to be run in NC. Responses claims would have to be out of state if the trustee is out of state.

Executors of NC estates either have to live in NC or appoint a resident agent who lives in NC to receive the papers. The executor of NC estates would publish a notice to creditors in the Legal Notice section of the newspaper of general circulation in the county where the estate action is pending - so if the estate was pending in Wake County (for example) notice to creditors would appear in the News & Observer.

But this same rule does not apply to trusts.

I am not sure why a trustee would be running an ad in the newspaper. And why would the ad be in the classifieds? Legal notices are published in the section of the newspaper devoted to Legal Notices. For example, the trustee on a deed of trust who is foreclosing on real property would publish notice of the foreclosure or maybe notice of an estate sale in the legal notice section. But the classifieds???? Is the trustee advertising for a possible missing heir? Selling something on behalf of the estate/trust? That makes no sense until I see the ad.

What is the ad for?

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Answered on 11/26/13, 11:33 pm


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