How are house sale proceeds handled when the administrator appointment is disputed? – North Carolina Short Answer In North Carolina, sale proceeds from estate real estate must be safeguarded and not distributed until a qualified fiduciary is in place and creditor issues are addressed. If who will serve as administrator is disputed, the Clerk of…
How can I object to my sibling’s petition to be administrator when we’re estranged? – North Carolina Short Answer In North Carolina, any interested person (including an heir) may file a written petition with the Clerk of Superior Court to contest the issuance of letters of administration before they are issued. The clerk weighs statutory…
What happens if we miss the standard notice deadline to object in probate? – North Carolina Short Answer In North Carolina, if you miss the objection window before the Clerk issues letters of administration, the Clerk may go ahead and appoint the applicant. Once letters are issued, they are valid until revoked, so you must…
What reasons should I include in my court letter to request a neutral professional administrator? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court appoints an administrator in order of priority unless the best interests of the estate require a different choice. Your letter should show why the proposed applicant is…
How do I correct a mistaken distribution of life insurance proceeds to an unintended recipient? – North Carolina Short Answer In North Carolina, life insurance proceeds belong to the named beneficiaries and usually do not pass through probate. If the insurer mistakenly paid someone else, the named beneficiaries can demand correction and, if necessary, file…
How can I enforce the bill assignment on my parent’s life insurance policy to get the funeral home paid? – North Carolina Short Answer In North Carolina, a valid assignment of life insurance proceeds to a funeral home can be enforced against the insurer and/or the person who was wrongly paid. If the insurer paid…
What legal grounds do I have to demand the insurer reverse the wrongful payment and follow the beneficiary designation? – North Carolina Short Answer Under North Carolina law, named life insurance beneficiaries can enforce the policy as a contract and demand payment according to the beneficiary designation. If the insurer paid the wrong person, you…
Can I recover the out-of-pocket funeral expenses from the insurance company after they failed to honor the assignment? – North Carolina Short Answer In North Carolina, funeral costs are primarily an obligation of the estate, and the person who arranged the funeral can seek reimbursement from the estate if the claim is timely. If the…
How does mediation or a court decide on a fair division when one co-owner lived in the property for years? – North Carolina Short Answer In North Carolina, a mediator or the court starts with each co-owner’s title share, then adjusts for “accounting” items. The occupying co-owner can receive credits for necessary carrying costs (taxes,…
What steps do I need to take to file a partition action for inherited property co-owned with my spouse and sibling? – North Carolina Short Answer In North Carolina, any co-owner may file a special proceeding for partition in the county where the land sits. You ask the Clerk of Superior Court to either divide…
