What steps do I take to close the estate account when we’re still waiting on creditor satisfactions? – North Carolina Short Answer In North Carolina, an estate usually should not be “closed out” until the personal representative can show the Clerk of Superior Court that debts and expenses have been paid (or that a clear…
How do I open an estate bank account and move a deceased parent’s money into it after I’m appointed administrator? – North Carolina Short Answer In North Carolina, once an administrator is appointed, the usual next step is to get an estate EIN, open an estate checking account in the estate’s name, and then collect…
Do I need to get the estate inventory notarized before I return it? – North Carolina Short Answer Usually, yes. In North Carolina, an estate inventory is typically signed as a sworn statement (a verification “on oath” or affirmation), which is commonly completed in front of a notary or the Clerk of Superior Court. Whether…
If I was legally adopted, do I have the same inheritance rights as biological children when a parent dies? – North Carolina Short Answer In North Carolina, a legally adopted child generally has the same inheritance rights from the adoptive parent as a biological child would have, especially if the parent dies without a will…
Can the estate process move forward if someone disagrees with parts of the special proceeding? – North Carolina Short Answer Yes. In North Carolina, a disagreement in a special proceeding does not automatically freeze the entire estate administration. The Clerk of Superior Court can keep the estate moving on routine administration issues, and a party…
How do I fix paperwork that lists liquid net worth higher than total so the account can be released? – North Carolina Short Answer In North Carolina estate administration, a “liquid net worth higher than total” is usually a math or classification error on an estate inventory or account summary. The practical fix is to…
If the buyer passes away while the contract is pending, what happens to the agreement and any claims against me? – North Carolina Short Answer In North Carolina, a buyer’s death usually does not automatically cancel a pending real estate purchase contract. Instead, the buyer’s rights (and any lawsuit threats) typically shift to the buyer’s…
What happens if I was previously named power of attorney but someone replaced me—does that affect what I can do after the death? – North Carolina Short Answer In North Carolina, a power of attorney generally stops having legal effect at the principal’s death, so being removed or replaced as agent usually does not control…
How do I challenge a life insurance payout if a relative filed a claim and I believe the insurance company ignored my paperwork? – North Carolina Short Answer In North Carolina, challenging a life insurance payout usually turns on who the policy names as beneficiary and who legally had the right to control the policy…
How do I decide whether to file a year’s allowance that would route the inheritance to me instead of splitting it with my spouse’s children? – North Carolina Short Answer In North Carolina, a surviving spouse can claim a year’s allowance (a statutory support allowance) from the deceased spouse’s estate, and that claim can change…
