Are life insurance proceeds and retirement accounts part of the probate estate or handled separately? – NC

Are life insurance proceeds and retirement accounts part of the probate estate or handled separately? – NC Short Answer Usually, life insurance proceeds and retirement accounts are handled outside the probate estate in North Carolina if they name a living beneficiary. By contrast, assets owned only in the decedent’s name with no beneficiary designation generally…

How far back can I claim mortgage payments and property-related expenses that came from my own account? – NC

How far back can I claim mortgage payments and property-related expenses that came from my own account? – NC Short Answer In North Carolina, there is no simple rule that lets an administrator or surviving spouse recover every mortgage payment or property expense paid from a personal account just because the payment was made. Reimbursement…

How do I get reimbursed for mortgage payments and other costs I paid to maintain estate property before it sells? – NC

How do I get reimbursed for mortgage payments and other costs I paid to maintain estate property before it sells? – NC Short Answer In North Carolina, reimbursement usually depends on whether the payments were necessary to preserve estate property, were properly documented, and can be paid without violating the estate’s claim-priority rules. An administrator…

Can an heir question whether an estate administrator is meeting their fiduciary duties during probate? NC

Can an heir question whether an estate administrator is meeting their fiduciary duties during probate? – NC Short Answer Yes. In North Carolina, an heir can raise concerns with the Clerk of Superior Court during probate if an estate administrator appears to have filed an incomplete or inaccurate inventory, failed to account for estate property,…