How can I confirm that the car accident claim is fully covered by insurance before using estate assets?: Practical steps under North Carolina probate law

How can I confirm that the car accident claim is fully covered by insurance before using estate assets? – North Carolina Short Answer In North Carolina, a personal representative should promptly tender the accident claim to all potential insurers and obtain written confirmation of defense and indemnity (or a reservation of rights) before paying any…

Can I reject mortgage, utility, and homeowner dues as direct claims against the estate and have heirs cover them?: North Carolina probate answer

Can I reject mortgage, utility, and homeowner dues as direct claims against the estate and have heirs cover them? – North Carolina Short Answer In North Carolina, you can disallow unsecured or improper creditor claims, but you cannot eliminate a valid lien like a mortgage or HOA assessment attached to real property. Real estate passes…

What is the process for a family settlement agreement to transfer the house to one heir and satisfy outstanding claims?: Clear steps under North Carolina probate law

What is the process for a family settlement agreement to transfer the house to one heir and satisfy outstanding claims? – North Carolina Short Answer In North Carolina, you can use a written family settlement agreement, signed by all interested heirs or devisees and the personal representative, to allocate estate assets (including giving a house…

Do beneficiary designations override provisions in a divorce decree or will?: Answered for North Carolina

Do beneficiary designations override provisions in a divorce decree or will? – North Carolina Short Answer Yes. In North Carolina, the beneficiary designation on a nonprobate asset (like an IRA or life insurance) generally controls who gets the funds at death, regardless of the will. An absolute divorce automatically cancels gifts to the former spouse…