Do I need to do anything else to clear the title or update records after my parent’s death? – North Carolina Short Answer Often, yes—some follow-up steps are still needed in North Carolina even if the home was transferred into a child’s name before the parent died. The key question is whether the deed was…
How do I figure out whether a deceased parent owed taxes or was due a refund before I pay credit card creditors? – North Carolina Short Answer In North Carolina estate administration, taxes can have priority over general unsecured debts like credit cards, so it is usually wise to confirm whether returns must be filed,…
What happens if the deceased person’s house or accounts passed outside of probate—do I still have any rights to information or property? – North Carolina Short Answer In North Carolina, many assets can pass “outside probate” (for example, joint accounts with survivorship or payable-on-death accounts), and those assets usually go directly to the named survivor…
Who is allowed to be a witness when I sign an estate document, and who is disqualified because they’re involved in the estate? – North Carolina Short Answer In North Carolina, who can serve as a witness depends on the exact estate document being signed. For many estate documents, the safest choice is a neutral…
What tax returns need to be filed after a spouse dies, especially if there was deferred compensation or retirement-related income? – North Carolina Short Answer In North Carolina, there are usually two separate income-tax “buckets” after a spouse dies: (1) the decedent’s final individual income tax returns (federal Form 1040 and North Carolina Form D-400),…
What happens if an estate has been open for a long time and the prior accountings were filed on the wrong form? – North Carolina Short Answer In North Carolina, using the “wrong” estate accounting form usually does not automatically invalidate the prior accountings if the filings still show the required information and the Clerk…
How do I know whether the extension request for the inventory deadline has been approved? – North Carolina Short Answer In North Carolina probate, an inventory extension is approved only when the Clerk of Superior Court (estate division) enters it in the estate file—typically as a signed order or a docket entry showing the new…
How does filing an insolvency petition affect a pending or threatened foreclosure on estate property? – North Carolina Short Answer In North Carolina, filing an insolvency petition in an estate administration usually does not automatically stop a secured creditor from foreclosing on estate real property. A deed of trust lender generally keeps lien rights and…
What happens if the estate cannot pay a creditor right away because the personal representative is hard to reach? – North Carolina Short Answer In North Carolina, a creditor generally cannot force immediate payment just because a personal representative is difficult to reach. The creditor’s main job is to file a proper written claim with…
How do I find out whether an IRA has a beneficiary listed, and what happens if it doesn’t? – North Carolina Short Answer In North Carolina, the fastest way to confirm an IRA beneficiary is to contact the IRA custodian (the bank or brokerage holding the IRA) and request the account’s current beneficiary designation on…
