How long does it typically take for a financial institution to remove a margin feature and let us close the account? – North Carolina Short Answer In North Carolina estate administration, there is usually no fixed legal deadline that forces a bank or brokerage to remove a margin feature and close an account by a…
Who is responsible for taxes, insurance, and upkeep on an inherited house during probate? – North Carolina Short Answer In North Carolina, once a person dies, title to the decedent’s real estate generally passes right away to the heirs (if there is no will) or to the devisees named in the will, even though the…
What happens to a parent’s house if no original will turns up but the parent talked about leaving shares to the children? – North Carolina Short Answer In North Carolina, talk about a will is not enough to pass a house to the children. If the original will cannot be found, the law often treats…
What happens if I decline or disclaim a beneficiary payout—does it pass to the estate or contingent beneficiaries, and how could that affect Medicaid eligibility? – North Carolina Short Answer In North Carolina, a valid written renunciation (also called a disclaimer) generally makes it as if the beneficiary had predeceased for purposes of who takes…
How long must a notice to creditors be published before I can move forward with closing the estate? – North Carolina Short Answer In North Carolina, the notice to creditors is typically published once a week for four consecutive weeks, and the notice must set a claim deadline that is at least three months from…
Is there a simple way to retitle the home and lots so a stepparent’s child gets the home while the rest of us disclaim, and how long does that usually take? – North Carolina Short Answer In North Carolina, there can be a relatively straightforward path to retitle inherited real estate when all heirs agree:…
How can I make sure I’m recognized as an heir in the probate case if the person handling the estate didn’t list me or my cousin? – North Carolina Short Answer In North Carolina, an omitted heir is typically recognized by getting the estate file corrected and, if needed, asking the Clerk of Superior Court…
How can we open probate when we don’t know whether there is a will or where to find it? – North Carolina Short Answer In North Carolina, probate starts with the Clerk of Superior Court in the county where the person lived at death. If no one can find an original will, the usual first…
Do all heirs have to agree to the sale, and what happens if someone objects? – North Carolina Short Answer No. In North Carolina, heirs do not all have to agree for estate property to be sold when the personal representative has authority to sell it as part of the estate administration. If an heir…
Can the estate require a financial institution to release information if it refuses to provide records without additional documentation? – North Carolina Short Answer Yes—under North Carolina law, the estate’s personal representative can usually obtain a decedent’s account information by presenting certified Letters Testamentary or Letters of Administration, along with other standard documents the institution…
