Can I sue the life insurance company for paying the wrong beneficiary even if they say their records controlled? – NC Short Answer Possibly. Under North Carolina law, a life insurance company usually may rely on the beneficiary designation in its records, but that does not always end the dispute if the insurer failed to…
Can I petition the court to approve the final distribution when a beneficiary won’t agree to the amount? – NC Short Answer Yes. In North Carolina, a personal representative can ask the Clerk of Superior Court to review the final account and the proposed distribution when a beneficiary refuses to sign a receipt or release…
Can an estate be closed if one heir will not agree with the final accounting? – NC Short Answer Yes. In North Carolina, an estate can often still be closed even if one heir refuses to sign a final receipt or will not agree with the final accounting. The clerk of superior court reviews the…
Can a beneficiary sign over their share of inherited property while they are in bankruptcy? – NC Short Answer Usually not without dealing with the bankruptcy case first. In North Carolina, an heir or devisee may have an interest in inherited real property, but if that person is in bankruptcy, the bankruptcy estate or trustee…
What happens if a beneficiary in bankruptcy has an interest in inherited real estate that is being sold through an estate? – NC Short Answer In North Carolina, a beneficiary’s bankruptcy can affect a sale of inherited real estate because the beneficiary’s share may become part of the bankruptcy estate, and the bankruptcy trustee may…
What documentation is usually needed to release funds being held for a deceased person to an open estate? – NC Short Answer In North Carolina, the party holding a deceased person’s funds will usually ask for proof that an estate is open and proof that the personal representative has authority to collect estate assets. In…
How can a government agency verify that it is sending conserved funds to the correct estate representative? – NC Short Answer In North Carolina, the safest way for a government agency to verify the correct estate representative is to require current court-issued proof that an estate is open and that a personal representative has been…
Who is responsible for listing and handling the sale of estate real estate? – NC Short Answer In North Carolina, the person who handles the sale of estate real estate is usually the personal representative of the estate if a court proceeding is needed or if the personal representative must join in the deed to…
How can I sell a house during probate if all the heirs agree? – NC Short Answer In North Carolina, a house can often be sold during probate when all heirs agree, but the correct path depends on whether estate creditors have been dealt with and whether the personal representative must join in the deed.…
What happens if an estate has a house but no cash accounts or other significant assets? – NC Short Answer In North Carolina, an estate that mainly consists of a house often cannot be wrapped up until the house is sold, transferred, or otherwise dealt with through the probate process. The personal representative usually must…
