How can I open an estate bank account while waiting for the IRS to issue the EIN? – North Carolina Short Answer In North Carolina, you should not use a Social Security number to open an estate account; banks typically require the estate’s EIN. While you wait, safeguard estate funds (do not commingle with personal…
How do I bring a fiduciary duty claim against an executor who mismanaged my father’s estate? – North Carolina Short Answer In North Carolina, you can pursue two tracks: (1) file an estate proceeding with the Clerk of Superior Court to compel an accounting, seek removal of the personal representative, and ask the court to…
What evidence do I need to prove I’m a rightful heir when the estate is disputed? – North Carolina Short Answer In North Carolina, you prove heirship by showing your legal relationship under the Intestate Succession Act and asking the Clerk of Superior Court to determine the heirs. If you are a child born outside…
How do I properly inventory and protect assets before the estate bank account is established? – North Carolina Short Answer In North Carolina, you must file a detailed inventory within three months of qualifying and safeguard estate property immediately. You can complete the inventory and protect assets even if the estate’s EIN and bank account…
What can I tell the court to explain my delay in setting up the estate account? – North Carolina Short Answer In North Carolina, tell the Clerk of Superior Court that you cannot open the estate bank account because the IRS has not yet issued the estate’s EIN, despite prompt application. Ask for a short…
How do I pursue a life insurance payout when I’m the sole beneficiary but the insurer is stalling? – North Carolina Short Answer In North Carolina, life insurance payable to a named beneficiary is a non‑probate asset; you, not the estate, claim it directly from the insurer after submitting required proof. If the company unreasonably…
What steps do I need to take to have my late parent’s personal property distributed through probate? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) controls and distributes a decedent’s personal property after paying valid estate expenses and claims. If property isn’t secured or someone else holds it, you…
Can I force the executor to release my parent’s belongings if they’re uncooperative? – North Carolina Short Answer Yes—in North Carolina, you can ask the Clerk of Superior Court to order the personal representative (executor) to secure estate property and deliver it as required. If items are estate property, the clerk can require whoever holds…
How long after inventory approval should I expect estate personal items to be released to heirs? – North Carolina Short Answer Inventory approval does not, by itself, trigger distribution in North Carolina. The executor generally distributes tangible personal property after the creditor claim window (at least three months from the first published notice) has closed…
Can I refuse dilapidated properties that are offered as part of my share? – North Carolina Short Answer Yes. In North Carolina, a beneficiary can refuse (disclaim) all or part of a specific inheritance, including real estate, by filing a written renunciation with the Clerk of Superior Court within the required time and, for real…
