Do I need any income or estate tax returns if there’s a retirement account with no beneficiary and withholdings? – North Carolina Short Answer In North Carolina, a retirement account with no living beneficiary typically becomes a probate estate asset, and distributions from that account are usually taxable income when received. That often means at…
If I contest a will, what happens to the estate while the case is pending? – North Carolina Short Answer In North Carolina, a will contest is usually filed as a “caveat.” Once a caveat is filed, the Clerk of Superior Court issues an order that generally stops distributions to beneficiaries while the case is…
How do I contest a will if I think it doesn’t reflect what the deceased person really wanted? – North Carolina Short Answer In North Carolina, a will challenge is usually made by filing a caveat, which asks the court to decide whether the document offered is the deceased person’s valid will. A caveat focuses…
What are the most common reasons a will can be challenged successfully? – North Carolina Short Answer In North Carolina, the most common successful grounds to challenge a will are (1) the will was not executed with the required legal formalities, (2) the person who signed the will lacked testamentary capacity at the time of…
How can an estate handle appraising and selling firearms if the executor isn’t allowed to possess or transport guns? – North Carolina Short Answer In North Carolina, an estate can still appraise and sell firearms even if the executor cannot legally possess or transport them. The practical solution is to avoid any “possession” or “control”…
What steps transfer a deceased person’s vehicle to a relative when another heir must consent? – North Carolina Short Answer In North Carolina, a deceased person’s vehicle is usually transferred either (1) through the open estate by the personal representative signing the title over to the recipient, or (2) in limited “no administration” situations by…
What evidence do I need to prove a will should be set aside? – North Carolina Short Answer In North Carolina, a will is usually set aside through a will contest called a caveat, and the evidence must match the legal ground being claimed (most often lack of testamentary capacity, undue influence, or improper execution).…
If I waive the administrator commission, does that affect taxes or the accounting? – North Carolina Short Answer In North Carolina, waiving an administrator’s (personal representative’s) commission usually makes the probate accounting simpler because the estate does not show a commission expense or a payment to the personal representative. It can also affect taxes because…
Do I need to file a will caveat if the newer will hasn’t been filed with the court yet? – North Carolina Short Answer Usually, yes—if the concern is that a newer will exists and someone may try to probate it, the practical move in North Carolina is to be ready to file a caveat…
How long does it usually take to finish an estate after probate is opened, including the creditor notice period and final accounting? – North Carolina Short Answer In North Carolina, many routine estates can finish in roughly 6 to 12 months after probate is opened, but the timeline often stretches to 12 to 18+ months…
