What steps can I take to prevent an administrator from selling estate property before probate is complete? – North Carolina Short Answer In North Carolina, an administrator generally cannot sell estate real estate without either a probated will that grants sale authority or a court order in a special proceeding. To prevent a premature sale,…
Can I use a filed copy of [DECEDENT]’s will to open probate if the original is unavailable? – North Carolina Short Answer Yes—North Carolina allows the Clerk of Superior Court to admit a copy of a will if you prove a “lost or destroyed will” by clear, strong, and convincing evidence. You must show the…
What happens if the original will remains missing and the copy is disputed? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to compel anyone holding the original will to produce it. If the original cannot be found, a copy may be probated as a “lost will,” but…
How can I compel the administrator to produce the original will before any property sales? – North Carolina Short Answer In North Carolina, you can file an application by affidavit with the Clerk of Superior Court to require the person holding the will to produce the original. The Clerk issues a summons ordering production by…
What documents do I need to open and maintain a separate probate bank account? – North Carolina Short Answer In North Carolina, an estate checking account requires your certified Letters of Administration, the estate’s federal EIN (not the decedent’s SSN), and your government ID; many banks also ask for a death certificate and a completed…
How do I inventory unclaimed property held by the U.S. Treasury for the estate or related corporation? – North Carolina Short Answer In North Carolina, the administrator must file an inventory within three months of qualification listing all estate assets as of the decedent’s date of death. If the U.S. Treasury holds property titled to…
Can I use my own EIN or the decedent’s SSN to satisfy the estate’s tax identification requirements? – North Carolina Short Answer No. In North Carolina, an estate is a separate taxpayer and needs its own Employer Identification Number (EIN). Do not use the decedent’s Social Security number or your personal EIN/SSN. Banks typically require…
What should I do if essential estate administration forms were misplaced in court filings? – North Carolina Short Answer In North Carolina, contact the Clerk of Superior Court (Estates Division) to locate or correct the file, obtain certified copies of your Letters, and promptly refile any missing AOC estate forms. Keep the estate on schedule:…
What alternatives are available for paying for memory care if she doesn’t qualify for Medicaid? – North Carolina Short Answer In North Carolina, if Medicaid is not available, families typically combine private pay (income and savings) with home equity (selling or renting the home or using a reverse mortgage), family caregiving contracts, and any eligible…
How long is the Medicaid lookback period and how will it affect prior gifts or transfers? – North Carolina Short Answer North Carolina Medicaid uses a 60‑month (5‑year) lookback for long‑term care services. Any gifts or below‑market transfers by the applicant or spouse during that window can trigger a penalty period—time when Medicaid will not…
