How can I recover a final paycheck that was mistakenly paid to a life insurance beneficiary instead of my estate?: North Carolina

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…

How does the death of siblings named in the will affect distribution to their children?: Practical guidance under North Carolina law

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 do I stop the foster child from draining the decedent’s bank accounts and letting insurance lapse?: North Carolina probate options to secure assets

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…