Do life insurance payouts and a final retirement or pension check have to go through probate, or do they pass directly to a beneficiary? – North Carolina Short Answer In North Carolina, life insurance and most retirement/pension death benefits usually pass directly to the person named on the beneficiary form, so they do not go…
How can I find out which clerk or staff member is assigned to review our final accounting? – North Carolina Short Answer In North Carolina, final estate accountings are reviewed through the Estates Division in the Clerk of Superior Court’s office (the clerk acts as the probate judge). The most reliable way to learn who…
Can someone who is storing a deceased person’s vehicle refuse to release it until the title is in my name, and what can I do to get it back? – North Carolina Short Answer In North Carolina, a person storing a deceased person’s vehicle often will not release it to a family member unless that…
How can I find out whether there are missing estate assets or tax issues if we’re still waiting on IRS transcripts? – North Carolina Short Answer In North Carolina, the fastest way to check for missing estate assets while IRS transcripts are pending is to use the probate file (inventory and accountings), public records (register…
How do I make sure my minor child actually receives life insurance and retirement benefits when they are the named beneficiary? – North Carolina Short Answer In North Carolina, a minor cannot usually receive and control life insurance or retirement benefits directly, even if the child is the named beneficiary. To make sure the money…
If my child is the main heir but is a minor, what legal setup is required to hold and manage the inheritance until adulthood? – North Carolina Short Answer In North Carolina, a minor generally cannot directly receive and control an inheritance or beneficiary payout. The usual legal setups are (1) a court-appointed guardian of…
Do my spouse’s adult children have to be added to the probate case as heirs, and what happens if they are added late in the process? – North Carolina Short Answer Often, yes. In North Carolina probate, the clerk of superior court generally expects all people who may have a legal interest in the estate…
How does a financed car get transferred after death if the loan is not paid off yet? – North Carolina Short Answer In North Carolina, a financed car can still be transferred after death, but the lender’s lien stays attached to the vehicle until the loan is paid off. The transfer is usually handled through…
If there’s a big creditor claim against the estate, can the house be taken or forced to be sold, and do heirs have any options? – North Carolina Short Answer In North Carolina, a decedent’s debts generally must be paid before heirs receive their full inheritance, and that can include using (and sometimes selling) a…
How do I make sure a creditor payment is credited correctly when I mail a check? – North Carolina Short Answer In North Carolina estate administration, the safest way to ensure a mailed check is credited correctly is to (1) clearly identify the estate and the claim on the check and in a cover letter,…
