What documents do hospitals need to process a Medicare claim after a patient dies? – North Carolina Short Answer In North Carolina, hospitals and billing offices usually need proof of death and proof of who has legal authority to act for the patient’s estate before they will rework a bill or help with a Medicare…
How can I stop someone from using falsified documents to claim heirship in a probate proceeding? – North Carolina Short Answer In North Carolina, the fastest way to stop a fraudulent heirship claim is to raise the issue directly in the estate file before the Clerk of Superior Court and ask the court to require…
What should I do with furniture, and do I need court papers before I can remove or sell items? – North Carolina Short Answer In North Carolina, furniture and other personal belongings are usually part of the deceased persons estate, and someone generally needs authority from the Clerk of Superior Court before selling or giving…
What fiduciary duties and potential costs would I face as administrator of an estate with no direct probate assets? – North Carolina Short Answer In North Carolina, a court-appointed estate administrator (personal representative) owes fiduciary duties even if most property passed outside probate. Those duties usually include identifying any probate assets, filing required paperwork with…
Who has standing to file the will contest in this situation, and can I file on behalf of my spouse? – North Carolina Short Answer In North Carolina, only an “interested party” has standing to contest a will by filing a caveat. An interested party generally means someone with a direct financial stake in how…
In what order are creditor claims like a hospital bill paid before we fund the trust and distribute to beneficiaries? – North Carolina Short Answer In North Carolina, an estate generally should not fund a trust or distribute to beneficiaries until the personal representative has handled creditor notice, collected and reviewed claims, and paid valid…
How can I sign listing and sale documents for my stepfather’s house when my mom is the only heir and she’s out of state? – North Carolina Short Answer In North Carolina, one person generally cannot sign real estate listing and closing documents for another adult unless that authority exists in writing, most commonly through…
What documents are required to close a deceased parent’s bank account during probate? – North Carolina Short Answer In North Carolina probate, a bank usually requires proof that a personal representative has authority to act for the estate (typically certified Letters Testamentary or Letters of Administration), plus basic death and account information. For estate administration…
How can I challenge my sibling’s forged renunciation to become the estate administrator? – North Carolina Short Answer In North Carolina, a forged “renunciation” (and related bond waiver) should be raised with the Clerk of Superior Court in the county where the estate is open. The usual path is to file a motion or petition…
What steps do I need to take to compel a bank to provide statements from account opening through closure? – North Carolina Short Answer In North Carolina, the usual way to “compel” a bank to produce complete account statements is to first make a documented request as the executor (personal representative) using certified Letters Testamentary…
