Can I pay the retainer fee on behalf of the executor, and does it need to be in my name or can it remain in the executor’s name?

Can a Third Party Pay an Executor’s Retainer in North Carolina Probate? Detailed Answer When you hire an attorney to guide an executor (also called a personal representative) through probate, the attorney will typically require a retainer fee. Under North Carolina law, that retainer belongs to the executor as the client. But can a family…

What are the steps and responsibilities involved in accepting a probate commissioner appointment?

What are the steps and responsibilities involved in accepting a probate commissioner appointment? Detailed Answer In North Carolina, a probate commissioner helps the clerk of superior court handle certain estate matters. Accepting this appointment involves a clear process and defined duties under Chapter 28A of the North Carolina General Statutes. Below is an overview of…

How can I establish legal guardianship for my minor child through a will while ensuring that trust-held assets are properly managed in North Carolina?

How to Establish Legal Guardianship Through Your Will and Manage Trust-Held Assets 1. Detailed Answer Planning for a minor child’s future requires two main documents: a will naming a guardian and a testamentary trust to hold assets. In North Carolina, you can nominate a guardian for your child in your last will and testament. You…

Does being named the beneficiary of a life insurance policy in the State of North Carolina mean I inherit all of the decedent’s assets, or does it only apply to the policy itself?

Understanding Life Insurance Beneficiary Designations When someone names you as the beneficiary of a life insurance policy, that designation applies only to the policy itself. Life insurance proceeds pass outside probate in North Carolina. The proceeds go directly to the named beneficiary under the contract terms. They do not form part of the decedent’s probate…

How do I determine if I’m entitled to any assets held in my late spouse’s trust, and what steps should I take if I don’t see my name explicitly listed as a beneficiary?

How do I determine if I’m entitled to any assets held in my late spouse’s trust, and what steps should I take if I don’t see my name explicitly listed as a beneficiary? 1. Detailed Answer When your spouse funded a trust before passing away, assets titled in the trust do not go through probate.…

How can disputes over early distributions and asset valuations in a probate case be resolved without needing judicial relief from stay?

Resolving Disputes Over Early Distributions and Asset Valuations in a Probate Case Detailed Answer In North Carolina probate, beneficiaries sometimes ask for assets before final accounting. They may also challenge an asset’s value. These disputes can stall distributions. You can resolve them without asking the court to lift the statutory stay. First, review the partial…