What specific documents does a healthcare provider require to release a deceased patient’s account information during probate? – NC

What specific documents does a healthcare provider require to release a deceased patient’s account information during probate? – North Carolina Short Answer In North Carolina, a healthcare provider usually asks for documents that prove (1) the patient has died and (2) the person requesting information has legal authority to act for the estate. In most…

Is there a deadline to contest transactions or beneficiary changes that happened while my parent was ill or isolated? NC

Is there a deadline to contest transactions or beneficiary changes that happened while my parent was ill or isolated? – North Carolina Short Answer Yes. In North Carolina, the deadline depends on what is being challenged (a will, a trust, a deed or bank transaction done under a power of attorney, or a beneficiary designation).…

What happens to retirement plans if one lists me as beneficiary but another might not have a beneficiary, and how does that affect probate versus non-probate assets? NC

What happens to retirement plans if one lists me as beneficiary but another might not have a beneficiary, and how does that affect probate versus non-probate assets? – North Carolina Short Answer In North Carolina, a retirement plan (like a 401(k) or IRA) usually passes outside probate if it has a valid beneficiary designation, and…

How can I challenge my sister’s role as executor if she’s mishandling the estate? NC

How can I challenge my sister’s role as executor if she’s mishandling the estate? – North Carolina Short Answer In North Carolina, concerns about an executor “mishandling” an estate are usually addressed by asking the Clerk of Superior Court (the probate court) to require an accounting, impose restrictions, or revoke the executor’s letters and appoint…

What happens if I don’t know whether my mother’s bank accounts have transfer-on-death beneficiaries? NC

What happens if I don’t know whether my mother’s bank accounts have transfer-on-death beneficiaries? – North Carolina Short Answer In North Carolina, not knowing whether a bank account has a payable-on-death (POD) or survivorship designation does not stop probate from being opened. The account may pass outside probate if it was properly set up as…

What can I do if the bank refuses or delays providing the transaction history I need for estate administration? – NC

What can I do if the bank refuses or delays providing the transaction history I need for estate administration? – North Carolina Short Answer In North Carolina, an executor (personal representative) can often resolve bank delays by making a targeted written request and providing certified Letters Testamentary (or Letters of Administration) and a certified death…