If a sibling outlived our parent but later died, does that sibling’s share go to their estate or spouse? – North Carolina Short Answer In North Carolina, if a sibling survived the parent (even briefly) and was an heir at the parent’s death, that sibling’s inheritance generally becomes that sibling’s property. If the sibling later…
What happens if an escrow account keeps paying insurance after someone dies, and how are duplicate payments and refunds handled? – North Carolina Short Answer In North Carolina, a mortgage escrow account can keep paying homeowners insurance after a borrower dies because the loan and escrow setup usually continue until the servicer is told to…
How do I notify a bank that someone has died and start the process to handle their accounts? – North Carolina Short Answer In North Carolina, the usual first step is to notify the bank’s estate or deceased‑account department, provide a certified death certificate, and ask the bank to “flag” the accounts to prevent improper…
Are transfer‑on‑death and retirement accounts excluded from the probate estate, and how should they be listed on the inventory and accounting? – North Carolina Short Answer In North Carolina, a transfer-on-death (TOD/POD) securities account and a retirement account (like an IRA) with a living, named beneficiary usually pass outside the probate estate, so they are…
How can I transfer my adult child’s brokerage account when no beneficiary was named using a small‑estate affidavit instead of full probate? – North Carolina Short Answer In North Carolina, a brokerage account with no named beneficiary is usually part of the decedent’s probate estate. If the estate qualifies, an heir can often collect the…
What happens if an heir contests my reimbursement requests at the hearing? – North Carolina Short Answer In North Carolina, if an heir contests a personal representative’s reimbursement request at a clerk’s hearing, the clerk of superior court will usually require proof that the expense was real, necessary, and properly tied to estate administration. The…
If the document is notarized abroad, how do I get an apostille and will a bank accept it for estate matters? – North Carolina Short Answer An apostille is a government-issued certificate that helps a document notarized in one country be recognized in another country. For North Carolina estate matters with a bank, an apostille…
What documents will the lender need after probate to recognize us as owners and accept payments from us? – North Carolina Short Answer In North Carolina, a mortgage lender usually wants (1) proof of death, (2) proof of who has legal authority to act for the estate during probate, and (3) recorded proof of who…
Does a 401(k) with named beneficiaries go through probate, or does it pass directly to the beneficiaries? – North Carolina Short Answer In North Carolina, a 401(k) that has valid, living beneficiaries named on the plan’s beneficiary designation usually does not go through probate. Instead, the plan administrator typically pays it directly to the named…
What is the safest way to submit the original will from out of state, and what if the original is lost? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (the probate court) typically needs the original will to probate it and issue letters to the executor. The safest approach from…
