What can I do if the executor is delaying the estate administration and not signing or returning required probate documents? – North Carolina Short Answer In North Carolina, when an executor (personal representative) delays estate administration and will not sign or return required probate paperwork, an heir or other “interested person” can ask the Clerk…
Can one co-owner or beneficiary be paid or reimbursed for managing the rental properties and coordinating repairs before everything is finalized? – North Carolina Short Answer Sometimes, but it depends on the person’s legal role and what the trust documents (or court) allow. Under North Carolina law, a trustee can generally reimburse proper out-of-pocket expenses…
How do I correct a Social Security number that is wrong on a death certificate? – North Carolina Short Answer In North Carolina, a Social Security number (SSN) error on a death certificate is usually corrected by filing a request to amend the death certificate with North Carolina Vital Records (the State Registrar), not by…
What happens if the other co-administrator sold an estate vehicle and won’t provide receipts or deposit the proceeds into the estate account? – North Carolina Short Answer In North Carolina, a co-administrator who sells an estate vehicle still has to account for the sale and treat the proceeds as estate property. If the co-administrator will…
Can I start estate or account-related paperwork if the death certificate is incorrect? – North Carolina Short Answer Often, yes. In North Carolina, an estate can usually be opened with the Clerk of Superior Court based on the sworn probate application even if the death certificate has an error, although some Clerks may still ask…
Who is responsible for getting the trust’s tax ID number, and whose name should be listed as trustee on the paperwork? – North Carolina Short Answer In North Carolina, the trustee who is actually serving (including a corporate trustee) is typically responsible for obtaining the trust’s federal tax ID number (EIN) and using it for…
Do I need to open an estate even if my spouse had no assets, just to move forward with a wrongful death claim? – North Carolina Short Answer Usually, yes. In North Carolina, a wrongful death claim is generally pursued by the decedent’s court-appointed personal representative (an administrator if there is no will), not by…
How do I get a death certificate corrected if the information on it is wrong? – North Carolina Short Answer In North Carolina, a death certificate generally cannot be changed after it is filed unless a proper amendment request is submitted and supported with proof. Most corrections are handled through the North Carolina Vital Records…
Do all of my spouse’s children have to be listed or notified if I open an estate only for a wrongful death case? – North Carolina Short Answer In North Carolina, even if an estate is opened only to appoint an administrator to pursue a wrongful death claim, the decedent’s children generally still need to…
How do I get a promissory note and related deed of trust assigned from the estate to me as an early distribution so I can manage payments intended for a minor beneficiary? – North Carolina Short Answer In North Carolina, a promissory note and related deed of trust are typically handled by the personal representative…
