How do I determine if a federal death benefit is part of the estate or goes straight to heirs? – North Carolina Short Answer In North Carolina, most federal death benefits that name a person as beneficiary (like Social Security survivor payments or life insurance with a named beneficiary) bypass probate and go directly to…
What timeline and notice requirements apply when removing an uncooperative co-owner during a partition sale? – North Carolina Short Answer In North Carolina, a partition sale run by a court‑appointed commissioner follows the judicial sale rules: the sale must be noticed and advertised, and a 10‑day upset‑bid period applies before the clerk can confirm the…
How can I serve as trustee while keeping my SSI or Medicaid benefits? – North Carolina Short Answer In North Carolina, you can often preserve SSI/Medicaid by changing how trust assets are held and paid. The most common paths are (1) decanting the current trust into a new trust with special needs provisions, or (2)…
Can I convert an existing trust into a special needs trust to protect my government benefits? – North Carolina Short Answer Yes—under North Carolina law, many existing trusts can be “decanted” or modified into a special needs trust (SNT) so the assets don’t count against needs‑based benefits, if statutory conditions are met and proper notice…
How do ABLE accounts work for holding trust sale proceeds to maintain benefit eligibility? – North Carolina Short Answer ABLE accounts can help a North Carolina beneficiary with a qualifying disability keep needs‑based benefits by sheltering a limited amount of funds. Annual contributions are capped, and Supplemental Security Income (SSI) generally disregards up to a…
What rights do I have as a beneficiary when there is no will? – North Carolina Short Answer In North Carolina, heirs of someone who dies without a will are entitled to their shares under the intestacy laws and to basic information about the estate. The court‑appointed administrator must file a complete inventory within three…
How can I get copies of my mother’s probate filings and inventory? – North Carolina Short Answer In North Carolina, estate files are maintained by the Clerk of Superior Court (Estates Division) in the county where the estate was opened, and most filings—including the inventory—are public records. You can visit or contact that clerk’s office…
What strategies can I use to spend down or shelter trust distributions under SSI/Medicaid resource limits? – North Carolina Short Answer In North Carolina, the safest way to avoid losing SSI/Medicaid is to prevent cash from being distributed to you. A trustee can consider: (1) decanting to a new trust with supplemental needs terms, (2)…
Can I contest or remove the current administrator if I suspect assets are being mishandled? – North Carolina Short Answer Yes. In North Carolina, any interested person (like an heir) may ask the Clerk of Superior Court to remove an administrator for default, misconduct, or a conflict of interest, or to compel required filings first.…
What steps ensure the estate is administered properly and assets are shared fairly? – North Carolina Short Answer In North Carolina, the administrator must identify and safeguard assets, file a detailed inventory within three months, publish notice to creditors, pay valid claims in order, and file annual/final accounts before distributing remaining assets under the Intestate…
