What information should I ask for in writing before agreeing to work with a public administrator? – NC Short Answer In North Carolina, before agreeing to work with a public administrator or making any payment, it is wise to ask for a written explanation of the administrator’s authority, the estate’s current status, the expected fees…
If the estate doesn’t have enough money to pay all creditors, what happens to medical bills and utility bills after the funeral expenses are paid? – NC Short Answer In North Carolina, an insolvent estate does not pay bills in any order the executor chooses. After costs and expenses of administration, allowed funeral expenses, and…
What happens if I refuse to provide my personal SSN or home address when following up on an EIN application for an estate? – NC Short Answer If a third-party designee refuses to give the IRS the personal identifying information it requires to verify identity, the IRS may stop the call, decline to discuss the…
Can a funeral home email funeral billing records, and what should be included to show the bill is paid in full? – NC Short Answer Yes, a funeral home in North Carolina can usually email a funeral billing record or receipt if it is sending the document to a person or law firm authorized to…
Do life insurance proceeds have to go through probate if the beneficiary designation wasn’t updated and the check is payable to the business? – NC Short Answer Usually not, if a valid living beneficiary is named and the insurer can reissue payment correctly. In North Carolina, life insurance proceeds often pass outside probate, but they…
Could opening an estate trigger claims by creditors or other people who say they are entitled to the money? – NC Short Answer Yes. In North Carolina, opening an estate can trigger a formal claims process that gives creditors and certain other claimants a chance to assert rights against estate property. If life-insurance proceeds are…
If a life insurance check is made payable to a company by mistake, how can it be reissued to the estate or the intended beneficiaries? – NC Short Answer In North Carolina, a life insurance check that was issued to a company by mistake usually is not fixed by simple endorsement alone. The insurer will…
Who is allowed to speak with a credit card company about a deceased person’s account during probate, and what proof of authority is typically needed? – NC Short Answer In North Carolina, the person usually allowed to speak with a credit card company about a deceased person’s account during probate is the duly appointed personal…
Do grandchildren inherit a deceased parent’s share of real estate, and does that share get split among all siblings? – NC Short Answer Yes. Under North Carolina intestacy law, if a child of the deceased died before the deceased, that child’s line usually takes that child’s share of the real estate. In most cases, the…
Does the executor’s authorization letter to release account information have to be notarized? – NC Short Answer Usually no. Under North Carolina probate practice, an executor generally proves authority with letters testamentary or letters of administration, and a creditor may also ask for a signed written authorization if the executor wants the creditor to speak…
