What documents does a plan administrator usually require from an estate to release tax forms or account records? – North Carolina Short Answer In North Carolina, a retirement plan administrator will usually release a deceased participant’s tax forms (such as 1099s) or account records only after receiving proof of death and proof of legal authority…
How do I handle a deceased person’s out-of-state real property when the estate is insolvent and creditors are demanding payment? – North Carolina Short Answer Under North Carolina probate practice, a personal representative generally cannot use a North Carolina estate file to directly transfer or sell real property located in another state. When the estate…
Will I get in trouble for withdrawing money from the deceased person’s account around the time they died if I had a power of attorney? – North Carolina Short Answer In North Carolina, a power of attorney generally stops at the moment of the principal’s death, so withdrawals made after death can create serious problems…
How do I fill out the probate inventory form if I’m not sure what assets and debts have to be listed? – North Carolina Short Answer In North Carolina probate, the inventory is meant to list what the deceased person owned (and what the estate controls) as of the date of death, with enough detail…
How does an out-of-town family member affect who inherits or who can make decisions about a deceased person’s estate? – North Carolina Short Answer In North Carolina, an out-of-town family member usually does not change who inherits. Inheritance depends on a valid will, or (if there is no will) North Carolina’s intestate succession rules—not where…
Do I have any right to see prior versions of my parent’s will or other estate documents if nothing has been filed with the court yet? – North Carolina Short Answer Usually, no. In North Carolina, if no will or estate paperwork has been filed with the Clerk of Superior Court yet, there is often…
How do life insurance policies and old beneficiary designations affect what is distributed through the estate? – North Carolina Short Answer In North Carolina, life insurance usually does not pass through the probate estate if the policy has a living named beneficiary. The insurance company generally pays the person listed on the most recent beneficiary…
How can I move forward with handling a house and land in the estate while there is an ongoing court dispute? – North Carolina Short Answer In North Carolina, a will contest (a “caveat”) usually slows estate administration down, but it does not automatically freeze everything. The Clerk of Superior Court typically enters an order…
What can I do if the estate has been left open for a long time and I think the executor is mishandling assets or debts? – North Carolina Short Answer In North Carolina, an “interested person” (such as an heir or beneficiary) can ask the Clerk of Superior Court (the probate court) to require the…
What happens if the only will I can find is an older copy that says it was voided by a newer will? – North Carolina Short Answer In North Carolina, an older will can still be the will that gets probated if no newer will is produced and proved. But if the only will available…
