Who is authorized to request a deceased person’s stock account information during probate? – North Carolina Short Answer In North Carolina probate, the person authorized to request a deceased person’s stock account statements and records is the court-appointed personal representative (the executor named in a will or the administrator appointed in an intestate estate). A…
Can I open an estate just for a limited purpose to transfer real estate and give notice to creditors? – North Carolina Short Answer Yes. North Carolina allows a limited court process that can be used to (1) get the will properly on record so it works in the chain of title and (2) publish…
Do I need to sell the car and mobile home to pay creditors, and how are creditor claims prioritized if the estate doesn’t have enough money? – North Carolina Short Answer In North Carolina, an estate generally must pay valid creditor claims before heirs receive anything. If the estate does not have enough cash, the…
What kind of notice do I need to give before I ask the court to order someone to produce the will? – North Carolina Short Answer In North Carolina, a request to force someone to produce a decedent’s will is typically started by filing an affidavit with the Clerk of Superior Court (Estates) showing (1)…
Do I need to notify the IRS when the estate’s administrator changes during probate? – North Carolina Short Answer Yes—when a North Carolina probate estate already has an EIN and the court-appointed administrator (personal representative) changes, the IRS should be notified so IRS records show the correct fiduciary/responsible party for the estate. In most cases,…
What happens if a tax refund check is issued in both spouses’ names after one spouse dies and I can’t deposit it? – North Carolina Short Answer In North Carolina, a refund check made payable to both spouses often cannot be deposited unless the bank can accept endorsements consistent with the payee line. When one…
What happens if the executor agreed to a payment plan with a creditor but never made the payments? – North Carolina Short Answer In North Carolina, a payment plan discussed with a creditor does not automatically make the estate’s debt “allowed” or payable outside the probate claims process. If the executor (personal representative) agreed to…
If the surviving spouse has lifetime rights to live in the house, what happens to my share if they move out or try to sell the property? – North Carolina Short Answer In North Carolina, “lifetime rights to live in the house” usually means the surviving spouse holds a life estate and the child holds…
If someone used a power of attorney to move money or change a retirement beneficiary, how do we investigate and challenge that? – North Carolina Short Answer In North Carolina, suspected power of attorney (POA) abuse is usually investigated by getting the estate opened in the right county and then using the estate’s authority to…
How can I confirm whether the deceased owned any stock accounts and whether they were closed or transferred? – North Carolina Short Answer In North Carolina probate, the cleanest way to confirm stock-related accounts is to use the personal representative’s authority (Letters Testamentary or Letters of Administration) to request records directly from likely brokers, transfer…
