How do I make sure my minor child actually receives life insurance and retirement benefits when they are the named beneficiary? – North Carolina Short Answer In North Carolina, a minor cannot usually receive and control life insurance or retirement benefits directly, even if the child is the named beneficiary. To make sure the money…
If my child is the main heir but is a minor, what legal setup is required to hold and manage the inheritance until adulthood? – North Carolina Short Answer In North Carolina, a minor generally cannot directly receive and control an inheritance or beneficiary payout. The usual legal setups are (1) a court-appointed guardian of…
Do my spouse’s adult children have to be added to the probate case as heirs, and what happens if they are added late in the process? – North Carolina Short Answer Often, yes. In North Carolina probate, the clerk of superior court generally expects all people who may have a legal interest in the estate…
How does a financed car get transferred after death if the loan is not paid off yet? – North Carolina Short Answer In North Carolina, a financed car can still be transferred after death, but the lender’s lien stays attached to the vehicle until the loan is paid off. The transfer is usually handled through…
If there’s a big creditor claim against the estate, can the house be taken or forced to be sold, and do heirs have any options? – North Carolina Short Answer In North Carolina, a decedent’s debts generally must be paid before heirs receive their full inheritance, and that can include using (and sometimes selling) a…
How do I make sure a creditor payment is credited correctly when I mail a check? – North Carolina Short Answer In North Carolina estate administration, the safest way to ensure a mailed check is credited correctly is to (1) clearly identify the estate and the claim on the check and in a cover letter,…
How do I file a petition for reimbursement in an estate case? – North Carolina Short Answer In North Carolina, a request to be repaid for estate-related expenses is usually handled through the estate administration file with the Clerk of Superior Court (Estates Division). The petition should clearly identify the estate, explain why the expense…
How can I remove or replace an executor who may be acting against the beneficiaries’ interests, and can the executor be held personally responsible for missing funds? – North Carolina Short Answer In North Carolina, an executor (also called a “personal representative”) can be removed or replaced through the Clerk of Superior Court overseeing the…
How will I receive the probate letters once they are issued, and how long does it usually take after the revision is filed? – North Carolina Short Answer In North Carolina, probate “letters” (letters testamentary or letters of administration) are issued by the Clerk of Superior Court after the personal representative qualifies. How they are…
If my parents filed jointly and one parent died, how are any missing tax returns handled now? – North Carolina Short Answer In North Carolina, any missing income tax returns from before a parent’s death are typically handled by the surviving spouse (for joint years) and/or the estate’s personal representative (for the decedent’s required filings).…
