What can I do if I think the estate administrator mishandled assets or didn’t provide complete information to the heirs? – North Carolina Short Answer In North Carolina, concerns about an estate administrator’s missing information or mishandling of estate assets are usually handled in the estate file through the Clerk of Superior Court. An heir…
If my parent was supposed to receive money from a deceased relative’s life insurance policy but never did, how can the estate claim that benefit now? – North Carolina Short Answer In North Carolina, the estate can only claim life insurance proceeds if the policy (or the policy’s default rules) makes the proceeds payable to…
Can I keep paying estate bills from a joint bank account that has my name and a sibling’s name on it, or do I need to open a separate estate account? – North Carolina Short Answer In North Carolina, a personal representative usually should pay estate bills from an estate account (an account titled in…
What does it mean if someone has “life rights” to a house in a will, and what are they allowed to do while they live there? – North Carolina Short Answer In North Carolina, “life rights” in a will usually means the will gave someone a life estate (or a similar right of occupancy) in…
How do I handle paying estate debts when I don’t yet know whether the estate is solvent and there are other priority bills like funeral expenses? – North Carolina Short Answer In North Carolina, a personal representative generally should not pay unsecured debts (like most credit-card balances) until the estate’s assets and higher-priority expenses are…
Can the executor reject or negotiate down creditor claims in a small estate when the debts are only in the deceased person’s name? – North Carolina Short Answer Yes. In North Carolina, an executor (personal representative) can question a creditor claim, ask for proof, and in many cases negotiate a settlement or deny a claim…
Once the estate is opened, what authority will I have to act on behalf of the estate in a wrongful death case? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court appoints a personal representative (often an “administrator” in an intestate estate) and issues Letters of Administration, that personal representative…
When can I stop recurring payments and close the deceased person’s bank account, and do I need official executor paperwork first? – North Carolina Short Answer In North Carolina, recurring charges tied to a deceased person’s bank account usually should be stopped as soon as the death is reported to the bank and the merchant,…
If a final account is a zero accounting, does that change the review process? – North Carolina Short Answer Usually, no. In North Carolina, the Clerk of Superior Court (estate division) still reviews and audits a final account even when it shows a zero ending balance. A “zero accounting” can be simpler to audit because…
Can the estate or heirs demand corporate records (like bylaws, minutes, or shareholder agreements) when the company says they are not owners? – North Carolina Short Answer Sometimes, but it depends on whether North Carolina law treats the estate as a shareholder (or as someone acting in a shareholder’s shoes) and what records are being…
