Can I require the employer to reissue the decedent’s last wages directly to the estate after a mistaken payment? – North Carolina Short Answer In North Carolina, final wages owed to a deceased employee are a debt owed to the estate and should be paid to the court-appointed personal representative. If the employer mistakenly paid…
What steps do I need to take to document a beneficiary’s return of estate funds for a final accounting? – North Carolina Short Answer In North Carolina, show the Clerk verifiable proof that the estate recovered the money and that it now sits in the estate account. Deposit the funds, record the receipt on the…
How can I prevent the property from going into tax foreclosure while clearing the title? – North Carolina Short Answer In North Carolina, the fastest way to stop a looming tax foreclosure while you clear title is to open the estate and qualify as personal representative, then promptly coordinate with the county tax office to…
How can I recover a final paycheck that was mistakenly paid to a life insurance beneficiary instead of my estate? – North Carolina Short Answer In North Carolina, the personal representative must collect all assets owed to the decedent, including final wages, and can compel anyone holding estate property to return it. If a paycheck…
Can I contest the will before the investigation into my sister’s death is complete? – North Carolina Short Answer Yes. In North Carolina, you may file a will caveat (will contest) any time within three years after the will is admitted to probate in common form; a criminal or medical death investigation does not stop…
How does the death of siblings named in the will affect distribution to their children? – North Carolina Short Answer In North Carolina, if a sibling-beneficiary dies before the testator (the person who made the will), the state’s anti-lapse rule can pass that share to the sibling’s children unless the will says otherwise. If the…
How can I get appointed executor when I’m named as backup in my mother’s will? – North Carolina Short Answer In North Carolina, a successor (backup) executor named in the will can be appointed once the first‑named executor either renounces, is deceased or disqualified, or fails to qualify after the will is probated. You apply…
How do I stop the foster child from draining the decedent’s bank accounts and letting insurance lapse? – North Carolina Short Answer In North Carolina, the fastest way to stop asset loss is to ask the Clerk of Superior Court to appoint a temporary fiduciary (a “collector”) or a personal representative with authority to secure…
What steps do I need to transfer a mobile home title treated like a vehicle through probate? – North Carolina Short Answer In North Carolina, if a manufactured/mobile home is still titled through the DMV like a vehicle, the court-appointed executor transfers title by signing the original title and submitting DMV title paperwork with a…
Can a foster child who was never adopted inherit under my sister’s will? – North Carolina Short Answer In North Carolina, a foster child who was never adopted does not inherit by intestacy. But a valid will can leave property to anyone, including a foster child. If the will names the foster child directly (or…
