What can I do if a bank or retirement plan administrator says I need probate paperwork even though I’m the named beneficiary? – North Carolina Short Answer In North Carolina, many accounts with a valid beneficiary designation (like POD/TOD accounts and many retirement accounts) transfer outside of probate, so a bank or plan often can…
When and how do I sign the estate accounting documents, and what am I agreeing to when I sign them? – North Carolina Short Answer In North Carolina estate administration, the personal representative (executor/administrator) typically signs the estate accounting (annual or final account) under oath and files it with the Clerk of Superior Court. Signing…
If the deceased owned inherited family land with other relatives, will my share be added under my name, and how is that handled during probate? – North Carolina Short Answer In North Carolina, a deceased person’s share of family land that is owned with other relatives (most often as tenants in common) generally passes at…
Who has to be notified during probate, and what happens if the deadline to notify beneficiaries or heirs has already passed? – North Carolina Short Answer In North Carolina probate, the personal representative (executor) generally must (1) give the required public notice to creditors and (2) provide required notices and filings with the Clerk of…
What are the warning signs that an estate is being mismanaged or assets are being hidden? – North Carolina Short Answer In North Carolina, common warning signs of estate mismanagement include missing or delayed inventories/accountings, unexplained withdrawals or sales, commingling estate money with personal funds, and a personal representative who refuses to share basic information.…
What happens if the remainder beneficiaries want to force a sale while the surviving spouse has a life estate? – North Carolina Short Answer In North Carolina, remainder beneficiaries usually cannot force the surviving spouse (the life tenant) to move out just because they want to sell. However, the remainder beneficiaries can file a partition…
How do we decide whether to sell all of the inherited land or only enough to cover the estate’s debts and expenses? – North Carolina Short Answer In North Carolina, the personal representative (executor/administrator) decides what estate assets to use to pay valid debts, taxes, and administration expenses, and the decision should be based on…
Can I still be appointed to handle my spouse’s estate if the court won’t accept the will for probate? – North Carolina Short Answer Yes. In North Carolina, if a will is not accepted for probate, the estate can usually be opened as an intestate estate, and the surviving spouse often has first priority to…
Do beneficiaries have any right to stop or delay a sale if the executor is rushing to accept an offer or won’t communicate with the family? – North Carolina Short Answer In North Carolina, beneficiaries usually do not have to “sign off” on an executor’s sale of estate property, and an executor can often move…
What happens to sale proceeds from corporate property when there is a dispute over who owns a minority interest—can the company distribute the money to someone else? – North Carolina Short Answer In North Carolina, when a closely held corporation knows there is a real dispute about who owns a minority interest, distributing sale proceeds…
