What documents do I need to put the home title in my name now, and where do I file them? – North Carolina Short Answer In North Carolina, changing the “title” to a house usually means getting the correct ownership document into the county land records. In many completed estates, that means recording a deed…
How do we handle small residual credits or dividends that post after the account is closed? – North Carolina Short Answer In North Carolina probate, small residual credits or dividends that arrive after an estate account has been filed and the estate is closed usually require one of two approaches: (1) treat the later receipt…
What happens to retirement account proceeds when the estate is named as beneficiary instead of an individual? – North Carolina Short Answer In North Carolina, when a retirement account names the estate as the beneficiary, the plan typically pays the proceeds to the estatenot directly to family members or a trust. That usually means the…
How do I verify if the beneficiary’s estate has already been administered? – North Carolina Short Answer In North Carolina, the fastest way to verify whether a deceased beneficiary’s estate was opened and administered is to check the estate records maintained by the Clerk of Superior Court in the county where the beneficiary lived at…
Can I ask the court to transfer probate to a different county because of a conflict of interest? – North Carolina Short Answer In North Carolina, probate and most estate administration matters usually stay in the county where the estate is opened and handled by the Clerk of Superior Court (the probate judge). A request…
How can I contest a will that has already been submitted for probate? – North Carolina Short Answer In North Carolina, the usual way to contest a will after it has been submitted for probate is to file a caveat in the decedent’s estate file with the Clerk of Superior Court. In many cases, a…
How can I compel a relative who is serving as trustee to transfer the remaining assets into the trust account? – North Carolina Short Answer In North Carolina, a trust beneficiary can often compel a trustee to gather, protect, and properly title trust property by making a written demand for information and action, and then…
What authority does a trustee have to demand distribution of trust assets from a co-holder? – North Carolina Short Answer In North Carolina, a trustee generally has authority to collect and control assets that are actually titled in the name of the trust, and can demand that a third party deliver those trust-owned assets to…
How can I use my letters of administration to access and manage my mother’s bank and investment accounts? – North Carolina Short Answer In North Carolina, letters of administration are the court document that proves an estate administrator has authority to act for the estate. Most banks and investment firms will require a certified copy…
How can I probate my sibling’s estate when only one account lacks a beneficiary? – North Carolina Short Answer In North Carolina, if a sibling dies with most assets passing by beneficiary designations or joint ownership, the one brokerage account without a beneficiary usually must be handled through the Clerk of Superior Court by opening…
