Can I get updates on the estate administration from out of state if my sibling is unavailable? – North Carolina Short Answer Yes. In North Carolina, an heir or other “interested person” can usually get estate administration updates and copies of filed documents by contacting the Clerk of Superior Court in the county where the…
How can I prove my authority as executor to access a deceased family member’s medical billing records? – North Carolina Short Answer In North Carolina, the cleanest way to prove executor authority to a hospital or other provider is to provide a certified copy of the executor’s Letters Testamentary (or Letters of Administration) issued by…
How does dying without a will affect ownership corporation and LLC interests? – North Carolina Short Answer In North Carolina, if someone dies without a will, their corporation stock and LLC membership interest are usually part of the probate estate and pass under the intestate succession rules unless a valid contract or governing document (like…
What documents do hospitals need to process a Medicare claim after a patient dies? – North Carolina Short Answer In North Carolina, hospitals and billing offices usually need proof of death and proof of who has legal authority to act for the patient’s estate before they will rework a bill or help with a Medicare…
How can I stop someone from using falsified documents to claim heirship in a probate proceeding? – North Carolina Short Answer In North Carolina, the fastest way to stop a fraudulent heirship claim is to raise the issue directly in the estate file before the Clerk of Superior Court and ask the court to require…
What should I do with furniture, and do I need court papers before I can remove or sell items? – North Carolina Short Answer In North Carolina, furniture and other personal belongings are usually part of the deceased persons estate, and someone generally needs authority from the Clerk of Superior Court before selling or giving…
What fiduciary duties and potential costs would I face as administrator of an estate with no direct probate assets? – North Carolina Short Answer In North Carolina, a court-appointed estate administrator (personal representative) owes fiduciary duties even if most property passed outside probate. Those duties usually include identifying any probate assets, filing required paperwork with…
Who has standing to file the will contest in this situation, and can I file on behalf of my spouse? – North Carolina Short Answer In North Carolina, only an “interested party” has standing to contest a will by filing a caveat. An interested party generally means someone with a direct financial stake in how…
In what order are creditor claims like a hospital bill paid before we fund the trust and distribute to beneficiaries? – North Carolina Short Answer In North Carolina, an estate generally should not fund a trust or distribute to beneficiaries until the personal representative has handled creditor notice, collected and reviewed claims, and paid valid…
How can I sign listing and sale documents for my stepfather’s house when my mom is the only heir and she’s out of state? – North Carolina Short Answer In North Carolina, one person generally cannot sign real estate listing and closing documents for another adult unless that authority exists in writing, most commonly through…
