How Does a North Carolina Personal Representative Locate, Verify and Secure Insurance Proceeds for a Decedent’s Accident Claim?

How Does a North Carolina Personal Representative Locate, Verify and Secure Insurance Proceeds for a Decedent’s Accident Claim? Detailed Answer When someone dies after an accident, a personal representative (formerly called an executor or administrator) oversees the probate process in North Carolina. One of the representative’s key duties is to find and collect all assets…

What information and documents are needed for your initial call with a North Carolina probate attorney?

What information and documents are needed for your initial call with a North Carolina probate attorney? Detailed Answer When you contact a probate attorney in North Carolina, gathering key information and documents beforehand helps make the conversation efficient. Your attorney uses the details to assess your situation and explain next steps under Chapter 28A of…

Does a Final Divorce Automatically Revoke a Former Spouse’s Status as Executor and Beneficiary Under a North Carolina Will?

Does a Final Divorce Automatically Revoke a Former Spouse’s Status as Executor and Beneficiary Under a North Carolina Will? 1. Detailed Answer Under North Carolina law, a final divorce generally does revoke any gifts, appointments, or nominations in your will that favor your former spouse. This rule appears in the North Carolina General Statutes at…

Why should a personal representative transfer estate funds into a client trust account before final distribution in North Carolina?

Why Should a Personal Representative Transfer Estate Funds into a Client Trust Account Before Final Distribution in North Carolina? Detailed Answer When you serve as a personal representative for an estate in North Carolina, you hold a fiduciary duty to manage the estate’s assets with the highest care. One best practice is to transfer estate…

How do I transfer an LLC membership interest in a North Carolina probate estate without losing liability protection?

How do I transfer an LLC membership interest in a North Carolina probate estate without losing liability protection? 1. Detailed Answer When a member of a North Carolina limited liability company (LLC) dies, their membership interest becomes part of the decedent’s probate estate. Transferring that interest correctly ensures the new owner enjoys the same liability…

Can an heir hire separate counsel and intervene in a North Carolina wrongful death suit handled by the personal representative?

Can an heir hire separate counsel and intervene in a North Carolina wrongful death suit handled by the personal representative? Detailed Answer In North Carolina, only the personal representative may file and maintain a wrongful death action. Under N.C.G.S. § 28A-18-2, the personal representative holds exclusive authority to bring the claim for the benefit of…