How do I calculate the personal representative’s commission correctly for an estate administration? – North Carolina Short Answer In North Carolina, a personal representative’s commission is set by the Clerk of Superior Court and is usually calculated as a percentage (up to a statutory maximum) of the estate’s commissionable receipts and commissionable disbursements. The most…
What does it mean when a law firm requests Medicaid documents during an estate case? – North Carolina Short Answer In a North Carolina estate administration, a law firm usually requests Medicaid documents to confirm whether the State has a valid Medicaid Estate Recovery claim that must be addressed before the estate can close and…
What happens next after the court responds about a vehicle transfer request? – North Carolina Short Answer In North Carolina, the next step usually depends on what the Clerk of Superior Court “responded” with—either a request to fix or add documents, or a signed certificate/affidavit that can be taken to the NCDMV to retitle the…
When is an inheritance-advance payoff actually due if there is no stated due date? – North Carolina Short Answer In North Carolina probate, an inheritance-advance payoff is usually not “due” just because a funding company asks for it. If the contract does not state a due date, the practical due date is typically tied to…
How do I start probate if my parent died outside the country and I’m still waiting on the official death certificate? – North Carolina Short Answer In North Carolina, an estate can often be opened with the Clerk of Superior Court even if the official death certificate is delayed, because the Clerk can accept other…
Can text messages showing I was blocked from contacting my parent be used to support a will contest? – North Carolina Short Answer Yes. In North Carolina, text messages showing that a sibling or other person blocked contact or controlled access can help support a will contest (often called a “caveat”)—especially when the challenge is…
What happens if I can’t get written proof from the insurer before the court’s deadline? – North Carolina Short Answer In North Carolina estate administration, missing a Clerk of Superior Court deadline to file requested documentation can delay approval of reimbursement and slow down the estate’s timeline for paying creditor claims and making final distributions.…
Can a caregiver or caretaker legally tell me where the deceased person banked, or do I need court paperwork first? – North Carolina Short Answer In North Carolina, a caregiver or caretaker usually is not legally required (and often is not legally allowed) to disclose a deceased person’s banking information to family members or other…
What happens if the buyer refuses to complete the purchase because the title is in the decedent’s name? – North Carolina Short Answer In North Carolina, a buyer or dealer may refuse to complete a vehicle purchase if the seller cannot deliver documents that let the DMV issue a new title out of the decedent’s…
How do I know if I qualify for a small-estate process instead of full probate, and what paperwork is actually required? – North Carolina Short Answer In North Carolina, many “small estates” can avoid full probate for personal property by using an affidavit process through the Clerk of Superior Court, as long as (1) enough…
