How can I locate a deceased parent’s unknown retirement accounts during probate? – North Carolina Short Answer In North Carolina probate, the personal representative (executor) has a duty to search for and collect the decedent’s assets, including retirement accounts that may not be obvious from the paperwork on hand. Practical steps usually include reviewing the…
What steps do I take to establish and record my share of a house that should have passed to me when my biological parent died without a will decades ago? – North Carolina Short Answer In North Carolina, a person’s share of a house owned by a parent who died without a will is usually…
Is it better to add an adult child to a vehicle title or use a right‑of‑survivorship or transfer‑on‑death option to avoid probate next time? – North Carolina Short Answer In North Carolina, adding an adult child as a co-owner on a vehicle title can avoid probate for that vehicle, but it can also create lifetime…
What should I do if I haven’t consulted a tax professional about estate taxes? – North Carolina Short Answer In North Carolina, a personal representative (executor) should quickly confirm whether any federal estate tax, federal fiduciary income tax, North Carolina fiduciary income tax, and final individual income tax filings are required, and then build a…
How do I list a payable‑on‑death bank account on the probate inventory, and what proof do I need of the POD designation and date‑of‑death balance? – North Carolina Short Answer In North Carolina, a payable-on-death (POD) bank account usually passes directly to the named beneficiary and is not treated like a regular probate asset. Many…
Can an insurance claim be paid directly to the estate, and how is that money distributed? – North Carolina Short Answer Yes—an insurance claim can be paid directly to a North Carolina estate when the estate is the named beneficiary, or when the policy ends up with no eligible beneficiary and the proceeds become an…
What steps do I need to challenge my aunt’s creditor claim against my father’s estate? – North Carolina Short Answer In North Carolina, the executor (personal representative) typically challenges a creditor claim by (1) confirming whether the claim was properly and timely presented, (2) demanding supporting documentation, and (3) rejecting the claim in writing if…
If the estate sells the house to pay debts, how are the remaining proceeds divided between heirs and anyone making claims? – North Carolina Short Answer In North Carolina, when an estate sells a house to pay debts, the sale proceeds are generally used first to cover the costs of the sale and estate administration…
Will reopening the estate expose us to new creditor claims or change how any settlement is distributed? – North Carolina Short Answer Reopening a closed North Carolina estate usually does not revive creditor claims that are already time-barred. However, reopening can create a new administration period where the personal representative must handle any not-yet-barred claims…
If we don’t know whether a will exists, how are the house, bank accounts, and cars divided, and how can I access those records? – North Carolina Short Answer In North Carolina, if no valid will is found and probated, the estate is usually handled under the intestacy rules (the “no-will” rules), but many assets…
