Category Archives: Probate Q&A Series

When, after the creditor claim period, can distributions be made to beneficiaries who are supposed to receive outright gifts versus those whose shares must be held in subtrusts? NC

When, after the creditor claim period, can distributions be made to beneficiaries who are supposed to receive outright gifts versus those whose shares must be held in subtrusts? – North Carolina Short Answer In North Carolina, a personal representative often waits until the three-month creditor claim period expires before making meaningful distributions, because early distributions…

If interest on matured savings bonds was never reported, who owes the tax and when does it have to be paid? – NC

If interest on matured savings bonds was never reported, who owes the tax and when does it have to be paid? – North Carolina Short Answer In North Carolina, unpaid income tax tied to U.S. savings bond interest is usually handled as part of the decedent’s final income tax return and/or the estate’s fiduciary income…

What steps are needed to transfer a house held in joint tenancy with right of survivorship? – NC

What steps are needed to transfer a house held in joint tenancy with right of survivorship? – North Carolina Short Answer In North Carolina, a house held in joint tenancy with right of survivorship generally passes automatically to the surviving joint tenant when one owner dies, outside of probate. To update the public record and…

What steps can I take to partition or sell the family home when others refuse to cooperate? – NC

What steps can I take to partition or sell the family home when others refuse to cooperate? – North Carolina Short Answer In North Carolina, when co-owners will not agree on what to do with a shared home, the usual legal fix is a court-supervised partition case that either divides the property (rare for a…

Can I access the probate accounting from my grandmother’s estate to verify the inheritance owed to my father? – NC

Can I access the probate accounting from my grandmother’s estate to verify the inheritance owed to my father? – North Carolina Short Answer Sometimes. In North Carolina, the estate’s inventory and accountings are filed with (and reviewed by) the Clerk of Superior Court, and heirs and other “interested persons” commonly can review what has been…

How can I serve as personal representative if I have a felony conviction? – NC

How can I serve as personal representative if I have a felony conviction? – North Carolina Short Answer In North Carolina, a person who is disqualified from serving as a personal representative cannot qualify with the Clerk of Superior Court and receive “Letters” to act for the estate. When a felony conviction causes disqualification, the…

What steps should I take to ensure fair distribution and proper representation in this estate administration? NC

What steps should I take to ensure fair distribution and proper representation in this estate administration? – North Carolina Short Answer In North Carolina, fair distribution in an intestate estate mainly depends on identifying the correct legal heirs and making sure the personal representative (administrator) follows the rules for inventories, creditor notices, accountings, and distributions…

How do I handle a parent’s estate when there’s a family trust and I’m not sure if there’s also a will? – NC

How do I handle a parent’s estate when there’s a family trust and I’m not sure if there’s also a will? – North Carolina Short Answer In North Carolina, the first step is to figure out whether any probate estate exists and whether an original will can be located and filed with the Clerk of…

How do I set up a trust or family settlement agreement for a vehicle and funds held for a minor heir? – NC

How do I set up a trust or family settlement agreement for a vehicle and funds held for a minor heir? – North Carolina Short Answer In North Carolina, property that ends up belonging to a minor heir usually cannot be handed over informally, even if the family agrees. Common options include placing the minor’s…

How can I respond to a co-heir’s petition for expense reimbursements in probate court? NC

How can I respond to a co-heir’s petition for expense reimbursements in probate court? – North Carolina Short Answer In North Carolina, an heir can respond to a co-heir’s probate petition for expense reimbursements by filing a written response (sometimes called an “answer” or “response”) in the estate file with the Clerk of Superior Court…