Do we need to keep the estate open while a separate wrongful death claim is pending, and who should handle communications and any settlement distribution? NC

Do we need to keep the estate open while a separate wrongful death claim is pending, and who should handle communications and any settlement distribution? – North Carolina Short Answer Usually, the estate does not need to stay open just because a wrongful death claim is pending in North Carolina, because wrongful death proceeds are…

How can I locate a deceased parent’s unknown retirement accounts during probate? NC

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…

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? NC

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…

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? NC

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…

What steps do I need to challenge my aunt’s creditor claim against my father’s estate? NC

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…