Do proceeds need to flow through the estate bank account or can I have checks cut directly to the trust and beneficiaries?: Clear guidance for North Carolina executors

Probate Q&A Series

Do proceeds need to flow through the estate bank account or can I have checks cut directly to the trust and beneficiaries? – North Carolina Short Answer In North Carolina, money from probate assets typically should be deposited into the estate’s fiduciary bank account and disbursed from that account after paying valid claims and expenses.…

How do I obtain and file satisfactions of claim from creditors to finalize the estate?: North Carolina

Probate Q&A Series

How do I obtain and file satisfactions of claim from creditors to finalize the estate? – North Carolina Short Answer In North Carolina, the executor gathers and reviews creditor claims after publishing and mailing the required notice, pays valid claims in the statutory order, and obtains written proof each claim is satisfied (paid-in-full letter, zero-balance…

Can I direct sale proceeds to creditors myself and keep them out of the estate account?: North Carolina probate answer

Probate Q&A Series

Can I direct sale proceeds to creditors myself and keep them out of the estate account? – North Carolina Short Answer Usually, no. In North Carolina, an executor should deposit estate receipts into a dedicated estate bank account, then pay allowed claims in the statutory order after the creditor period. Limited exceptions apply: closing attorneys…

What happens if my spouse accuses me of adultery during divorce proceedings?: North Carolina Family Law

Probate Q&A Series

What happens if my spouse accuses me of adultery during divorce proceedings? – North Carolina Short Answer In North Carolina, an accusation of adultery (called illicit sexual behavior) can directly affect alimony. If a dependent spouse committed it before separation, alimony is generally barred; if the supporting spouse committed it, alimony is generally required. The…

How should I prepare for a mediation session involving abandonment allegations?

Probate Q&A Series

How should I prepare for a mediation session involving abandonment allegations? – North Carolina Short Answer In North Carolina, prepare by organizing facts that address what “abandonment” means—ending cohabitation willfully, without the other spouse’s consent, without justification, and with no intent to return. Also assess any adultery issues because “illicit sexual behavior” can affect alimony.…

How can I challenge an executor’s request to access a deceased relative’s digital accounts?: North Carolina probate

Probate Q&A Series

How can I challenge an executor’s request to access a deceased relative’s digital accounts? – North Carolina Short Answer In North Carolina, an executor cannot force you or another heir to hand over passwords. Access to a decedent’s digital accounts must follow state law, usually through requests to the account custodian under the Revised Uniform…

How does mediation work for resolving disputes in estate administration?: North Carolina probate

Probate Q&A Series

How does mediation work for resolving disputes in estate administration? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can order or the parties can agree to mediation to resolve estate disputes, including elective share issues. A certified mediator helps the parties negotiate in a confidential setting, and any deal must…