Can getting an inheritance affect my public benefits, and what should I do before accepting anything? – North Carolina Short Answer Yes. In North Carolina, an inheritance can count as income or a resource for needs-based programs like Medicaid and SSI, which can reduce or stop benefits if it pushes the recipient over program limits.…
What are my responsibilities as executor during the early steps of settling an estate? – North Carolina Short Answer In North Carolina, an executor (also called a “personal representative”) must quickly secure and identify estate assets, set up an estate recordkeeping system (often including an estate bank account), and start the court-required reporting process with…
What should I do if estate-related mail is not being forwarded and I’m worried about missing time-sensitive notices? – North Carolina Short Answer In North Carolina, the safest approach is to stop relying on mail forwarding and instead (1) update the estate’s mailing address everywhere it matters and (2) set up a backup way to…
How do I stop a financed vehicle from being repossessed after the owner dies if the payments fell behind? – North Carolina Short Answer In North Carolina, a car loan does not go away when the owner dies, and the lender can usually repossess the vehicle if the loan is in default. The fastest way…
How can I get a deceased person’s health marketplace tax forms when I can’t access their online account? – North Carolina Short Answer In North Carolina, the cleanest way to obtain a deceased person’s Health Insurance Marketplace tax forms when the online account cannot be accessed is to have the estate’s court-appointed personal representative request…
How do I become the administrator of a parent’s estate if there was no will? – North Carolina Short Answer In North Carolina, becoming the administrator of a parent’s estate (when there is no will) usually means applying to the Clerk of Superior Court in the county where the parent lived and asking for “Letters…
When do we need to amend a deceased person’s final income tax return if income after the date of death was reported under the wrong taxpayer? – North Carolina Short Answer In North Carolina, a decedent’s final individual income tax return should generally include only income received (or treated as received) through the date of…
What happens if probate is still open but someone is trying to take or keep personal property like firearms, instruments, or a vehicle? – North Carolina Short Answer In North Carolina, once a personal representative (executor/administrator) is appointed, that person has the legal authority to collect, safeguard, and control estate property while probate is open.…
Can I be appointed as the administrator if I live out of state? – North Carolina Short Answer Yes. In North Carolina, an adult child can often be appointed as the estate administrator even if that child lives out of state. However, a nonresident administrator commonly must appoint a North Carolina resident “process agent” to…
What authority do I have as administrator to negotiate or accept a settlement in the wrongful death case? – North Carolina Short Answer In North Carolina, an estate administrator (personal representative) generally has authority to negotiate and agree to a wrongful death settlement on behalf of the claim. But a settlement usually cannot be finalized…
