What is a pour-over will and how does it work with a trust? – North Carolina Short Answer In North Carolina, a pour-over will is a simple will that directs any assets still in your name at death to “pour over” into your revocable living trust. The will must still be probated, but once admitted,…
How can I make sure my savings and IRA go to my nephews without probate? – North Carolina Short Answer In North Carolina, you can keep your savings and IRA out of probate by using beneficiary designations. Name your nephews directly on your IRA, and set your bank savings/money market accounts to “payable on death”…
Should I set up a revocable trust or a will if I only have financial accounts and a car? – North Carolina Short Answer In North Carolina, if your assets are an IRA, bank/money market accounts, and a single vehicle, you can usually avoid probate without a revocable trust by using beneficiary designations (POD/TOD) and…
How do I open a probate estate or get letters of administration after my spouse dies? – North Carolina Short Answer In North Carolina, you open an intestate estate and obtain Letters of Administration by applying with the Clerk of Superior Court in the county where your spouse lived, taking an oath, and posting bond…
How can I locate and identify all of my spouse’s bank accounts and assets after death? – North Carolina Short Answer In North Carolina, banks will not release information or funds from an account titled solely in the decedent’s name until someone has legal authority. You can get that authority by qualifying as the estate’s…
What steps can I take to recover funds withdrawn from my late husband’s account by another heir? – North Carolina Short Answer In North Carolina, you generally must get legal authority before you can force the return of money taken from a decedent’s account. The quickest paths are: (1) open an estate and qualify as…
What documentation does a bank require to release pension or Social Security funds to a surviving spouse? – North Carolina Short Answer In North Carolina, banks will not release money from an account titled only in the decedent’s name to a surviving spouse without court authority. If an account is jointly owned with a right…
How can I get back personal items my ex took and never returned? – North Carolina Short Answer In North Carolina, you typically proceed through the estate, not self-help. First, make a written claim in the estate file asking the personal representative to return your specific items. If the estate refuses or ignores you, file…
Can I demand my sentimental items back from the executor or surviving spouse? – North Carolina Short Answer Yes—if you can show the items are yours and not part of the decedent’s estate. In North Carolina, you cannot just take property from an estate; you must establish your right to the specific items. If the…
Should I file a small claims case or go through probate court to recover sentimental items from the estate? – North Carolina Short Answer In North Carolina, start in the probate case—not small claims—when the estate holds the items. You can either file an estate proceeding before the Clerk of Superior Court to have the…
