Can I reverse a last-minute beneficiary change on a member’s policy due to undue influence? – North Carolina Short Answer Yes. In North Carolina, you can challenge a late beneficiary change to life insurance or other nonprobate benefits if it was the product of undue influence or lack of capacity. Practically, you move fast to…
How can I confirm if an ancillary probate has been filed in another state? – North Carolina Short Answer In North Carolina, estate “letters” issued here do not automatically work in other states. To confirm whether an ancillary probate was opened elsewhere, search the probate/estate docket in the county where the out-of-state property is located…
What steps do I need to take to file the final tax return for my deceased parent’s estate? – North Carolina Short Answer In North Carolina, the executor must obtain an EIN for the estate, determine which tax returns are required, pay or reserve for all taxes and expenses, and file the fiduciary income tax…
How can I secure a release or satisfaction for a creditor claim that’s been paid? – North Carolina Short Answer In North Carolina probate, the cleanest way to close out a paid creditor claim is to file the creditor’s written withdrawal, satisfaction, or release in the estate file and show the payment (with proof) on…
Can I deduct a family loan repayment from a beneficiary’s share and how should it be documented? – North Carolina Short Answer Yes—under North Carolina law, an executor may offset a beneficiary’s distribution by the amount that beneficiary legitimately owes the decedent or the estate, so long as the debt is valid and provable. Document…
What expenses can validly be paid from estate funds before distributing to beneficiaries? – North Carolina Short Answer In North Carolina, a personal representative may pay costs and expenses of administration and valid debts in statutory order before making any beneficiary distributions. This typically includes court costs, bond premiums, publication fees, reasonable professional fees (CPA…
How can I compel an uncooperative devisee to allow sale of estate property under the will? – North Carolina Short Answer In North Carolina, the executor does not need a devisee’s consent to sell estate real estate when the will authorizes the sale or when sale is needed to pay valid estate debts. If cooperation…
How do I draft a quitclaim deed to consolidate inherited land and check for liens? – North Carolina Short Answer In North Carolina, title to a decedent’s real estate vests in the heirs or devisees, but you must probate the will for title to pass under it and record any deed in the county Register…
Should I file any tax forms when heirs gift their shares and what are the implications? – North Carolina Short Answer In North Carolina, if heirs deed their inherited real estate shares to another family member without payment, that transfer is generally a gift for federal tax purposes. Donor-heirs may need to file IRS Form…
How can I probate a will without opening a full estate to transfer real property? – North Carolina Short Answer In North Carolina, you can admit a will to probate without qualifying a personal representative and use it to transfer title to real estate. You file the original will with the Clerk of Superior Court…
