What should an administration agreement include when two people are appointed? – North Carolina Short Answer In North Carolina, when two people are appointed to serve together as personal representatives (often called co-administrators), the written administration agreement should clearly allocate which co-administrator will handle certain listed day-to-day powers (like opening the estate bank account, keeping…
How can I confirm whether an investment account at [BROKER] is subject to probate or transfers directly to the trust created by the will? – North Carolina Short Answer In North Carolina, an investment account is a probate asset only if it is titled in the decedent’s name alone (or otherwise payable to the estate)…
What steps do I need to inventory and appraise multiple properties and personal assets in probate? – North Carolina Short Answer In North Carolina probate, the personal representative (executor or administrator) must identify estate assets, determine which assets belong on the probate inventory, and report values as of the date of death. Real estate and…
Can I sell the estate’s residential property before the creditor notice period ends, and what approvals do I need? – North Carolina Short Answer Yes. In North Carolina, an estate’s residential property can often be sold before the 90-day creditor notice period ends, but the approvals depend on who is selling (the personal representative versus…
How are duties and decision-making shared between co-administrators, and what liability could I face? – North Carolina Short Answer In North Carolina, co-administrators (joint personal representatives) generally must act together when there are two of them, unless the law allows a specific power to be allocated by a written agreement approved by the Clerk of…
How can I file a year’s allowance claim to protect my surviving parent’s assets from stepparent debts? – North Carolina Short Answer In North Carolina, a surviving spouse can file a year’s allowance claim with the Clerk of Superior Court to have up to $60,000 in the decedent’s personal property set aside for support, and…
What proof do I need to show the court that this stepchild has no right to inherit? – North Carolina Short Answer In North Carolina, a stepchild generally does not inherit from a stepparent who dies without a will unless the stepchild was legally adopted by the decedent or can prove some other legal parent-child…
Can I require written requests or court documents before releasing estate information to outside agencies? – North Carolina Short Answer Yes. In North Carolina, it is reasonable to require a written request and proof of authority before sharing nonpublic estate information with an outside agency. In many situations, the right documents are the personal representative’s…
How do I open an estate when my parent left a will and a trust, and I’m named executor but some assets like cars and retirement accounts weren’t clearly moved into the trust? – North Carolina Short Answer In North Carolina, an estate is usually opened by taking the original will to the Clerk of…
Can a creditor come after me personally if the estate denies the claim? – North Carolina Short Answer Usually, no. In North Carolina, a creditor’s claim is generally against the decedent’s estate, not against the personal representative personally, as long as the personal representative administers the estate in good faith and follows the claims process.…
