What can I do if the other party in a probate case is not filing their required paperwork? – North Carolina Short Answer In North Carolina probate, required estate paperwork (like an annual or final account) is filed with the Clerk of Superior Court (Estates). If the personal representative does not file what the law…
What documents does the probate court typically require to show an investment account must pass through probate? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (probate) usually does not require a special “proof packet” just to decide whether a brokerage account is a probate asset. Instead, the personal representative typically…
How do I fill out and file the estate inventory when the only assets were bank accounts and a retirement account? – North Carolina Short Answer In North Carolina, the estate inventory is a Clerk of Superior Court filing that lists what the decedent owned at death that is part of the probate estate, valued…
What documents does a guardian typically need to provide to collect retirement benefits for an adult child with disabilities? – North Carolina Short Answer In North Carolina, a retirement system or plan administrator will usually require proof of (1) the beneficiary’s identity, (2) the member’s death, and (3) the guardian’s legal authority to receive money…
How do I prove a deceased person’s brokerage account has no beneficiary or transfer-on-death designation for probate? – North Carolina Short Answer In North Carolina probate, the usual way to prove a brokerage account has no transfer-on-death (TOD) or pay-on-death (POD) beneficiary is to obtain written confirmation from the brokerage firm’s transfer/estate department showing the…
What happens if the other party keeps delaying the probate process and nothing gets filed? – North Carolina Short Answer In North Carolina, when an estate administration stalls because required paperwork is not being filed, the Clerk of Superior Court can force action. The Clerk can issue orders to file, set deadlines, schedule a show-cause…
Do I have to worry about Medicaid trying to recover costs from my parent’s estate after they pass away? – North Carolina Short Answer In North Carolina, Medicaid can seek repayment from a deceased recipient’s estate for certain Medicaid-paid services, through the State’s Medicaid Estate Recovery program. Whether there is anything to recover depends on…
If a government check is made out to me personally after my parent died, can I cash it or does it have to go into the estate account? – North Carolina Short Answer In North Carolina, the name on the check matters, but it is not the only issue. If a government check is truly…
What legal steps should I take now if my parent is in hospice and I suspect financial abuse or an improper property transfer? – North Carolina Short Answer In North Carolina, the fastest legal “next steps” usually focus on (1) preserving evidence, (2) stopping further transactions, and (3) putting a court-supervised decision-maker in place if…
Do I have to open an estate or become the administrator before I can request that the court compel production of a will? – North Carolina Short Answer No. In North Carolina, a person can ask the Clerk of Superior Court to compel someone to produce a decedent’s will without first opening an estate or…
