Can I negotiate or reduce credit card debts before distributing sale proceeds from the estate? – North Carolina Short Answer Yes. In North Carolina, the personal representative can negotiate unsecured debts like credit cards if it benefits the estate. But do not pay or distribute sale proceeds until the creditor claim window closes and you…
How can I start full estate administration for my parent’s estate with both real property and personal assets? – North Carolina Short Answer In North Carolina, you open a full estate by applying with the Clerk of Superior Court to be appointed personal representative and receive Letters. After you qualify, publish a general Notice to…
What steps can I take to keep my veteran healthcare benefits and my spouse’s Medicaid intact? – North Carolina Short Answer In North Carolina, you can often preserve VA healthcare and Medicaid by promptly reporting income and asset changes, and by routing any new assets for a Medicaid recipient into an allowed vehicle—typically a properly…
What type of trust can we set up so her future disability income doesn’t disqualify her from Medicaid? – North Carolina Short Answer In North Carolina, a properly drafted Special Needs Trust (also called a Supplemental Needs Trust) can protect assets without disqualifying a disabled person from Medicaid. If the assets already belong to the…
How do I plan for long-term Medicaid coverage when I start receiving SSDI benefits? – North Carolina Short Answer In North Carolina, getting SSDI adds countable income, and receiving an inheritance can add countable assets—both can affect Medicaid eligibility. You must promptly report changes to your county Department of Social Services (DSS). Strategies like using…
How can I protect my spouse’s inherited property from affecting their Medicaid eligibility? – North Carolina Short Answer In North Carolina, a spouse who inherits property can consider a timely, formal renunciation (disclaimer) so the inheritance passes to the next taker and never counts as their asset. If the spouse keeps the inheritance, a properly…
How can I get details of proceeds from estate personal property sales when the executor won’t disclose amounts? – North Carolina Short Answer In North Carolina, beneficiaries can get sale details by compelling the executor to file the required inventory and accounting with the Clerk of Superior Court. The inventory is due within three months…
What is the process for mediating or petitioning the court when an executor is willfully negligent? – North Carolina Short Answer In North Carolina, if an executor is not doing their job, any interested party (like a beneficiary) can file an estate proceeding with the Clerk of Superior Court to compel an inventory or accounting,…
How do I challenge the executor’s failure to file required probate inventory and creditor notices? – North Carolina Short Answer In North Carolina, an executor must file an inventory within three months of qualifying and must publish and file proof of notice to creditors (and mail known creditors) early in the case. If those filings…
How can I compel the executor to provide trust account statements and an estate inventory under North Carolina law? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to order the executor to file the required estate inventory and accounts and, separately, ask the court to require the…
