Can I send a formal notice demanding the executor open the estate, and what happens if they ignore it? – North Carolina Short Answer Yes. In North Carolina, an heir or beneficiary can send a written demand and, if the person named as executor still does not move the case forward, an interested person can…
What happens if the wrong person witnesses my receipt and refunding agreement? – North Carolina Short Answer In North Carolina, a receipt and refunding agreement is usually used to document a beneficiary’s distribution and protect the personal representative if later claims arise. If the “wrong” person signs as the witness, the document may still be…
When can beneficiaries expect distributions after probate is opened? – North Carolina Short Answer In North Carolina, beneficiaries often should not expect meaningful distributions immediately after an estate is opened. A personal representative commonly waits until the creditor-claim window has run, the estate’s assets and debts are identified, and required filings (like the inventory and…
Who is allowed to request a correction to a death certificate—can a funeral home do it, or does a family member have to file it? – North Carolina Short Answer In North Carolina, the funeral home is responsible for filing the original death certificate, but corrections after the certificate has been accepted for registration generally…
What happens if the wrong parent names stay on the death certificate when the family needs it for other matters? – North Carolina Short Answer In North Carolina, leaving incorrect parent names on a death certificate can create practical problems even if it does not automatically change who inherits. Third parties (like insurers, banks, and…
How do I make an executor follow the will and turn over property that was left to a beneficiary who later died? – North Carolina Short Answer In North Carolina, when a will leaves specific property to a beneficiary who survives the person who made the will, that gift generally becomes part of the beneficiary’s…
What proof does the administrator need to get reimbursed for cleanup, repairs, taxes, or other costs, and how can we challenge reimbursements that weren’t actually paid by the administrator? – North Carolina Short Answer In North Carolina, an administrator generally must support reimbursements with documentation showing the expense was actually paid (or properly advanced) for…
Does a deficiency judgment affect my ability to transfer or sell the car, and what steps should I take if it does? – North Carolina Short Answer Usually, a deficiency judgment entered in connection with a North Carolina year’s allowance does not stop a vehicle title transfer or sale by itself. In most cases, the…
How do we find out whether a life insurance policy will pay out and who the beneficiary is if we are unsure? – North Carolina Short Answer In North Carolina, the fastest way to find out whether a life insurance policy will pay and who the beneficiary is usually starts with locating the insurer (or…
Do a second mortgage holder or other lienholders get paid before the estate or other creditors after a foreclosure sale surplus? – North Carolina Short Answer In North Carolina, surplus money from a foreclosure sale is generally paid to junior lienholders (like a second mortgage) in order of their lien priority before any remaining balance…
