Can a prior equitable distribution consent order be treated like a creditor claim against the estate, and can the surviving spouse waive or satisfy it? nc

Can a prior equitable distribution consent order be treated like a creditor claim against the estate, and can the surviving spouse waive or satisfy it? – North Carolina Short Answer In North Carolina, a spouse’s equitable distribution (ED) rights can survive a spouse’s death, and ED obligations can be handled through the estate claims process…

How can I avoid mistakes when dealing with estate assets and debts during probate? – nc

How can I avoid mistakes when dealing with estate assets and debts during probate? – North Carolina Short Answer In North Carolina probate, most costly mistakes happen when a personal representative (executor/administrator) mixes estate money with personal money, pays the wrong bills too early, or distributes assets before the creditor-claim window and required filings are…

How do I confirm whether the estate’s claim rejection letter was received and processed for the accounts? nc

How do I confirm whether the estate’s claim rejection letter was received and processed for the accounts? – North Carolina Short Answer In North Carolina, confirming receipt and processing of an estate claim rejection letter usually requires two tracks: (1) proof the letter was delivered to the claimant (or the claimant’s correct address/department), and (2)…

How can I escalate an unreturned estate document request when the bank says the department is internal only? nc

How can I escalate an unreturned estate document request when the bank says the department is internal only? – North Carolina Short Answer In North Carolina, escalation usually works best when the request is reframed as a formal, written demand from the estate’s court-appointed personal representative (or the personal representative’s attorney) and sent through the…

How do I force the estate to provide an accounting and proof of where the sale proceeds are being kept? nc

How do I force the estate to provide an accounting and proof of where the sale proceeds are being kept? – North Carolina Short Answer In North Carolina, the personal representative (executor/administrator) must file estate inventories and accountings with the Clerk of Superior Court, and those filings should show what was sold, what money came…

How do I get a creditor to correct their records when they say they have a claim on file but the estate believes it was rejected or never properly filed? nc

How do I get a creditor to correct their records when they say they have a claim on file but the estate believes it was rejected or never properly filed? – North Carolina Short Answer In North Carolina, the cleanest way to get a creditor to correct its internal records is to create a clear…

If a creditor offers a settlement after the claim deadline passed, should the estate consider paying anything at all? nc

If a creditor offers a settlement after the claim deadline passed, should the estate consider paying anything at all? – North Carolina Short Answer Often, no. In North Carolina, many pre-death debts are “forever barred” if the creditor did not properly present a written claim to the personal representative or the Clerk of Superior Court…

If I don’t have receipts for most purchases, can bank statements or medical paperwork still support an estate claim? nc

If I don’t have receipts for most purchases, can bank statements or medical paperwork still support an estate claim? – North Carolina Short Answer Yes. In North Carolina, a claim against an estate does not automatically fail just because receipts are missing. Bank statements, cancelled checks, pharmacy records, appointment logs, and medical paperwork can help…