Can I be reimbursed by the estate for household bills I’ve paid since the death, and how should I document that? – North Carolina Short Answer Often, yes—an executor in North Carolina can usually seek repayment from the estate for reasonable, necessary household bills paid after the death to preserve estate property (for example, utilities…
How do we handle any remaining funeral balance and bank accounts that require court authority to access? – North Carolina Short Answer In North Carolina, a funeral bill that is still owed is typically handled as an estate expense/claim and is paid from estate funds once someone has legal authority to act for the estate.…
What can I do if someone changed beneficiary forms or legal documents while my relative was incapacitated? – North Carolina Short Answer In North Carolina, changes made while a person lacked mental capacity (or changes procured through undue influence) can often be challenged, but the right procedure depends on what was changed. A will is…
What happens if a family member sold or flipped property in the deceased person’s name without the power of attorney’s approval? – North Carolina Short Answer In North Carolina, a family member generally cannot sell real estate titled in a parent’s name unless that person had legal authority to sign for the parent (such as…
Can the decedent’s family take money meant for my child to pay debts or keep a house that was in the decedent’s name? – North Carolina Short Answer Usually not. In North Carolina, assets with a valid beneficiary designation (like many life insurance policies and retirement accounts) generally pass directly to the named beneficiary and…
Can an estate administrator legally keep a vehicle or other items that the will specifically left to my deceased family member? – North Carolina Short Answer Usually no. In North Carolina, the person administering an estate must gather estate property, pay valid debts, and then distribute what is left to the people named in the…
Can I challenge or remove an administrator if I think they filed without telling me or aren’t acting in the heirs’ best interests? – North Carolina Short Answer Yes. In North Carolina, the clerk of superior court (as the judge of probate) can revoke an administrator’s “letters of administration” and appoint a replacement if legal…
What happens if the reimbursement paperwork is filed late with the county? – North Carolina Short Answer In North Carolina estate administration, filing reimbursement paperwork late can trigger clerk action against the personal representative, delay approval of the reimbursement, and in some situations risk the reimbursement being treated as an untimely claim. The impact depends…
Do all beneficiaries need to sign notarized receipts before the estate can issue checks, and what happens if someone delays returning them? – North Carolina Short Answer No. North Carolina law does not generally require every beneficiary to sign a notarized receipt before a personal representative can make distributions. That said, many estates use signed…
What documents from the primary probate do I need to open the ancillary case, and where do I file them? – North Carolina Short Answer In North Carolina, an ancillary estate case for out-of-state probate usually starts by filing an authenticated (often “exemplified”) copy of the will and the domiciliary probate record showing the appointment…
