How does a North Carolina personal representative recover reimbursement for auto loan payments and real property carrying costs in probate?

How does a North Carolina personal representative recover reimbursement for auto loan payments and real property carrying costs in probate? Detailed Answer When you serve as a personal representative in North Carolina, the law lets you recoup the money you spend to preserve estate assets. That includes auto loan payments, vehicle insurance, property taxes, insurance…

In North Carolina Probate, What Order Should a Personal Representative’s Commission, Attorney Fees, and a Surviving Spouse’s Year’s Allowance Be Paid?

In North Carolina Probate, What Order Should a Personal Representative’s Commission, Attorney Fees, and a Surviving Spouse’s Year’s Allowance Be Paid? Understanding the Statutory Framework North Carolina law sets a clear priority for estate payments in probate. Three common expenses often cause confusion: Personal representative’s commission Attorney fees Surviving spouse’s year’s allowance All three qualify…

What steps can I take to enter estate property and retrieve belongings under a North Carolina probate court order?

What Steps Can I Take to Enter Estate Property and Retrieve Belongings Under a North Carolina Probate Court Order? Detailed Answer When someone passes away owning real or personal property, North Carolina law requires that administration of that estate follow procedures set out in Chapter 28A of the North Carolina General Statutes. If you hold…

Does divorce automatically revoke an ex-spouse’s beneficiary designation on a North Carolina pension plan governed by ERISA?

Detailed Answer In North Carolina, a divorce automatically revokes an ex-spouse’s beneficiary designation on certain non-probate instruments under N.C.G.S. § 31-5. This statute covers wills, trusts, life insurance policies, payable-on-death accounts, and other contracts. By operation of law, a former spouse loses any right to receive property or benefits that would otherwise pass directly through…

What are North Carolina’s rules for paying liens and notifying unknown heirs in wrongful death settlements?

What Are North Carolina’s Rules for Paying Liens and Notifying Unknown Heirs in Wrongful Death Settlements? 1. Detailed Answer Paying Liens in Wrongful Death Settlements When a wrongful death claim resolves, North Carolina law requires the personal representative to clear certain liens before distributing proceeds. Key statutory liens include: Medical Provider Liens. Under N.C. Gen.…