Do insurance proceeds I received as a beneficiary count as estate assets subject to probate? – North Carolina Short Answer In North Carolina, life insurance proceeds paid to a named beneficiary are nonprobate assets. They usually do not go through the estate and are not available to pay estate debts. If the estate is the…
What happens to inherited property in probate if the decedent’s bills aren’t paid? – North Carolina Short Answer In North Carolina, the personal representative must pay valid estate debts and expenses before heirs or devisees receive property. If cash in the estate is not enough, the Clerk of Superior Court can authorize the personal representative…
How do co-agents under a power of attorney resolve disputes over property management? – North Carolina Short Answer In North Carolina, co-agents generally may act independently unless the power of attorney says they must act together. If co-agents disagree, either can refuse to participate in an action they believe violates their fiduciary duties and may…
What steps are required to sell estate property to pay off outstanding credit card debts? – North Carolina Short Answer In North Carolina, the personal representative usually must ask the Clerk of Superior Court for an order in a special proceeding to sell real estate to create cash to pay debts. You’ll first qualify as…
What is the standard claim period for creditor notices and what happens after it ends? – North Carolina Short Answer In North Carolina, creditors generally have at least three months from the first publication of the Notice to Creditors to file written claims with the personal representative or the clerk. Known creditors who receive mailed…
Can I negotiate or reduce credit card debts before distributing sale proceeds from the estate? – North Carolina Short Answer Yes. In North Carolina, the personal representative can negotiate unsecured debts like credit cards if it benefits the estate. But do not pay or distribute sale proceeds until the creditor claim window closes and you…
How can I start full estate administration for my parent’s estate with both real property and personal assets? – North Carolina Short Answer In North Carolina, you open a full estate by applying with the Clerk of Superior Court to be appointed personal representative and receive Letters. After you qualify, publish a general Notice to…
What steps can I take to keep my veteran healthcare benefits and my spouse’s Medicaid intact? – North Carolina Short Answer In North Carolina, you can often preserve VA healthcare and Medicaid by promptly reporting income and asset changes, and by routing any new assets for a Medicaid recipient into an allowed vehicle—typically a properly…
What type of trust can we set up so her future disability income doesn’t disqualify her from Medicaid? – North Carolina Short Answer In North Carolina, a properly drafted Special Needs Trust (also called a Supplemental Needs Trust) can protect assets without disqualifying a disabled person from Medicaid. If the assets already belong to the…
How do I plan for long-term Medicaid coverage when I start receiving SSDI benefits? – North Carolina Short Answer In North Carolina, getting SSDI adds countable income, and receiving an inheritance can add countable assets—both can affect Medicaid eligibility. You must promptly report changes to your county Department of Social Services (DSS). Strategies like using…
