FAQ 1: What Should a Personal Representative Do If Estate Funds Appear Misappropriated at a Real Estate Closing? When you serve as a personal representative in a North Carolina probate estate and suspect that closing expenses doubled‑charged the estate, your first step is to gather and review all supporting documents. Pull the HUD‑1 or Closing…
How does a receipt and refunding agreement accelerate interim estate distributions without court petitions in North Carolina probate? In North Carolina probate, beneficiaries often wait months for final estate distributions while the Personal Representative addresses creditor claims, inventories assets, and obtains court approval. A “receipt and refunding agreement” offers an alternative that lets beneficiaries receive…
FAQ 1: I’ve Received an Inheritance Check but Haven’t Seen a Final Accounting—Should I Cash It? When you inherit from an estate in North Carolina, the personal representative (executor) must provide a full accounting before final distributions. North Carolina law requires an executor to file an Inventory within three months of qualifying (G.S. §28A‑13‑8) and then…
How Do I Claim an Uncollected Retirement Account of a North Carolina Decedent Who Died Intestate? When someone dies without a beneficiary designation or will, any asset payable on death—including a retirement account—typically becomes part of the probate estate. In Guilford County or any North Carolina county, you must determine whether a named beneficiary exists.…
FAQ 1: How Do I Finalize a Partition and Update Deeds After a Land Recombination Survey in North Carolina? When co‑owners inherit land in North Carolina and agree to divide it by recombination survey, the next step is updating the deed to reflect the new parcels. Instead of drafting a full settlement agreement, you can…
What options do co‑heirs have to resolve an inherited property dispute in North Carolina when a co‑owner demands a buy‑out or division? When siblings, nieces, nephews or spouses inherit land in North Carolina, each heir holds an undivided interest. If one co‑owner, like “Jimmy” in your situation, wants cash instead of shared ownership, you generally…
Why Does North Carolina Probate List Real Estate Under “Part Two” in the Preliminary Inventory? In Forsyth County and across North Carolina, the preliminary inventory form divides estate property into “Part One” and “Part Two.” Real estate almost always appears under Part Two. You might wonder why the family home that passes by will doesn’t…
What Is a Receipt and Refunding Agreement in a North Carolina Probate and How Does It Speed Up Distribution? A receipt and refunding agreement allows a personal representative and heirs to agree in writing that an interim distribution of estate funds will cover the personal representative’s fees or other administration expenses without filing a formal…
Who Is Legally Responsible for Making Funeral and Disposition Decisions When the Deceased Was Married in North Carolina? Under North Carolina law, the surviving spouse holds the primary authority to make decisions regarding the disposition of remains and funeral arrangements if the deceased was married at the time of death. The law distinguishes between a…
How Can I Access Life Insurance Proceeds for Minor Beneficiaries Through North Carolina Probate? In North Carolina, accessing life insurance proceeds when a beneficiary is a minor often requires going through probate administration. When a life insurance policy is in force and the designated beneficiary is underage, the insurance proceeds generally cannot be disbursed directly.…
