Can the estate still pursue an accident-related insurance claim if the person who died didn’t own a car or have auto insurance? – North Carolina Short Answer Yes. In North Carolina, the estate can still pursue an accident-related insurance claim even if the person who died did not own a car and did not have…
What happens if the funeral home’s records are at a different branch location than the one I contacted? – North Carolina Short Answer In North Carolina, it is common for funeral home paperwork to be kept at the branch that handled the arrangements, even if a different branch answered the first call. Usually, the branch…
What happens if the trustee has a conflict of interest because they are related to other beneficiaries or the executor? – North Carolina Short Answer In North Carolina, a trustee can be related to other beneficiaries (or to the estate’s executor) and still serve, but the trustee must administer the trust solely for the beneficiaries’…
Can I force someone to file the will with the court if they are holding it? – North Carolina Short Answer Yes. In North Carolina, an interested person can ask the Clerk of Superior Court (Estates) to issue a summons ordering the person who has the will to bring it to the clerk for probate…
Can I challenge the trustee’s actions or ask the court to replace the trustee if I think the trust is being mishandled? – North Carolina Short Answer Yes. Under North Carolina law, a trust beneficiary can ask the court to review a trustee’s conduct and, in the right case, remove and replace the trustee. Common…
What should I do if I was served with an order to appear and show cause for not filing an estate accounting? – North Carolina Short Answer In North Carolina, an order to appear and show cause for a missing estate accounting is a serious warning from the Clerk of Superior Court that the required…
How do I get a copy of the funeral home invoice and proof of payment for the estate file? – North Carolina Short Answer In North Carolina, the cleanest way to obtain a funeral home invoice and proof of payment for an estate file is to have the estate’s appointed personal representative (executor/administrator) request it…
Do I have to publish a new notice to creditors in the state where the property is located even if probate and creditor notice already happened in the home state? – North Carolina Short Answer Usually, yes. If an ancillary estate is opened in North Carolina to deal with North Carolina real property, the ancillary…
How do I complete the estate inventory if I’m still waiting on account statements or property values? – North Carolina Short Answer In North Carolina, the personal representative generally must file the estate inventory with the Clerk of Superior Court within three months after qualification, even if some values are not final. The inventory should…
If the funeral was arranged by a family member, can the estate still request the contract and receipts from the funeral home? – North Carolina Short Answer Often, yes. In North Carolina, even if a family member arranged the funeral, the estate’s personal representative usually still needs the funeral contract and itemized receipts to properly…
