Will Medicaid or Medicare seek reimbursement from my mother’s estate and how do I handle it? – North Carolina Short Answer Yes. In North Carolina, Medicaid may seek repayment from probate assets and may assert a lien against personal injury or wrongful death recoveries. Medicare must be reimbursed from liability settlements related to the decedent’s…
Can I recover personal injury settlement proceeds through the probate process? – North Carolina Short Answer Yes, but how you recover and distribute the money depends on the type of claim. In North Carolina, a personal representative must be appointed to pursue or receive any settlement. Wrongful death proceeds are not probate assets and generally…
How do I transfer a fully owned vehicle and small bank account after probate? – North Carolina Short Answer In North Carolina, once you qualify as the administrator and receive your Letters of Administration, you may collect and retitle the vehicle and bank account in the estate’s name, pay valid claims, and then distribute what…
What steps are involved in filing a will caveat challenge? – North Carolina Short Answer In North Carolina, you start a will caveat by filing a written caveat with the Clerk of Superior Court in the county where the will was probated. The clerk immediately transfers the case to Superior Court for a jury trial…
What court actions are needed to resolve the will dispute and secure title to the properties? – North Carolina Short Answer In North Carolina, you start by asking the Clerk of Superior Court to admit the will to probate and issue estate letters. If there are execution defects or conflicting versions, file (or request) probate…
What steps can I take to have the mortgage company recognize my inheritance rights and transfer the property to me during a will dispute? – North Carolina Short Answer In North Carolina, mortgage and utility companies generally will not recognize an heir or beneficiary until someone is officially appointed to act for the estate. Your…
How do I legally evict an unauthorized person living in my inherited house and prevent further damage? – North Carolina Short Answer In North Carolina, the court-appointed personal representative (or a temporary collector) can ask the Clerk of Superior Court for authority to take possession of estate real estate and remove unauthorized occupants. If the…
How can I confirm which version of my parent’s will is legally valid when one copy is missing a signature? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court decides which will is valid by admitting a properly executed will to probate. An attested will must be signed by the testator…
Do heirs need to sign acknowledgments of receipt for their share of estate assets, and how should that be documented? – North Carolina Short Answer North Carolina law does not require a specific form of acknowledgment, but the Clerk of Superior Court expects clear proof of each distribution. The standard practice is to obtain a…
How do I calculate the net value of a vehicle with a creditor lien when distributing estate assets? – North Carolina Short Answer In North Carolina, start with the vehicle’s fair market value on the date of death, then subtract the lien balance that existed on that same date to find the estate’s net equity…
