How can I resolve a billing dispute with a funeral home while the estate is being opened or administered? – North Carolina Short Answer In North Carolina, a funeral or cremation bill is usually treated as an estate expense that the personal representative can pay, but only after verifying what was authorized and what is…
Should we wait to share detailed account statements until we pick a trust company, and who is authorized to provide asset verification? – North Carolina Short Answer In North Carolina probate, detailed brokerage and bank statements usually should be shared only with the parties who have legal authority to act—most often the court-appointed personal representative…
How do I file a decedent’s personal income tax return and handle any refund or liability for the estate? – North Carolina Short Answer In North Carolina, the personal representative usually files the decedent’s final federal and state personal income tax returns (covering January 1 through the date of death) and pays any tax due…
What happens if one of the heirs objects to my proposed final accounting during the objection window? – North Carolina Short Answer In North Carolina, if an heir is properly served with a proposed final account and makes a written objection within the objection window (commonly 30 days when the executor uses permissive notice), the…
Can I decline to sign a release for my share and still protect my interest in estate real estate? – North Carolina Short Answer Yes. In North Carolina, declining to sign a distribution “release” usually does not erase an heir’s ownership interest in a decedent’s real estate, because title to real property generally vests in…
What can I submit if I can’t obtain a rent receipt from new apartment management to document a prior check? – North Carolina Short Answer In North Carolina probate accountings, a “voucher” for a disbursement does not have to be a rent receipt. If a receipt cannot be obtained, the Clerk of Superior Court can…
How do I locate and include any retirement or investment accounts in the estate inventory? – North Carolina Short Answer In North Carolina, retirement and investment accounts are included in the estate inventory only if they are probate assets (for example, an account titled solely in the decedent’s name with no beneficiary designation, or an…
Can we sell the family home outside probate and still secure a year’s allowance for other personal assets? – North Carolina Short Answer Often, yes. In North Carolina, a surviving spouse can claim a year’s allowance based on the decedent’s personal property (not real property), and the Clerk of Superior Court can award the allowance…
How do I handle a joint checking account after my parent passes away? – North Carolina Short Answer In North Carolina, what happens to a joint checking account after a parent dies depends on how the account was titled in the bank’s paperwork. If the account has a valid right of survivorship, the surviving joint…
What steps do I need to remove a stepchild squatting in an inherited home? – North Carolina Short Answer In North Carolina, removing a stepchild who is occupying an inherited home usually requires a court order—either through the estate (to put the personal representative in lawful possession) or through a separate civil eviction/ejectment process. The…
