What proof should I gather to show the court that we were married at the time of death if the certificate is wrong? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court typically accepts a certified copy of the marriage record (license and completed certificate/return) from the Register of Deeds as…
How do I get a remaining margin balance cleared from a deceased person’s brokerage account so we can close the account? – North Carolina Short Answer In North Carolina, a margin balance in a deceased person’s brokerage account is usually treated as a debt of the estate that must be paid (or otherwise resolved) before…
What should I watch for in an inheritance funding contract so I don’t get stuck with unfair terms? – North Carolina Short Answer In North Carolina, an “inheritance funding” (or “inheritance advance”) contract often works like an assignment of part of an expected inheritance in exchange for money now. The biggest risks usually come from…
If the estate has money left after a foreclosure, how is that money supposed to be divided among the children? – North Carolina Short Answer In North Carolina, any leftover money that ends up in a deceased parent’s estate after a foreclosure (often called “surplus proceeds”) is treated like other estate money: it is used…
How is real estate handled when some property is jointly owned with survivorship and other property is titled only in the deceased person’s name? – North Carolina Short Answer In North Carolina, real estate held with a survivorship feature (most commonly tenancy by the entirety between spouses, or joint tenancy with right of survivorship) generally…
What does the probate process look like from start to finish? – North Carolina Short Answer In North Carolina, probate usually starts when a personal representative (an executor under a will or an administrator when there is no will) qualifies with the Clerk of Superior Court in the county where the person lived. After qualification,…
Can I access and remove the belongings before an estate is opened, and what are the risks if I do? – North Carolina Short Answer In North Carolina, removing a deceased person’s belongings from a rented apartment before anyone has legal authority over the estate can create real risk, even if the landlord is willing…
How can I get estate bank statements if the bank can’t find anything under the decedent’s Social Security number? – North Carolina Short Answer In North Carolina, a personal representative usually can obtain estate bank statements by proving authority with certified Letters (Testamentary or of Administration) and giving the bank an identifier that matches how…
If beneficiaries are minors, can their parent sign any disclaimers or consents needed for the car transfer, or do we need a guardian or court approval? – North Carolina Short Answer In North Carolina, a parent usually cannot sign away (disclaim) a minor beneficiary’s inheritance interest just because the parent has custody. For most estate…
How do I claim a brokerage account as a beneficiary after the account owner dies? – North Carolina Short Answer In North Carolina, a brokerage account that names a beneficiary (often shown as “TOD” or “POD”) typically transfers directly to that beneficiary after the owner’s death, outside of the probate estate. The beneficiary usually must…
