How do I collect and distribute life insurance proceeds when no beneficiary is named in North Carolina?

How do I collect and distribute life insurance proceeds when no beneficiary is named in North Carolina? Detailed Answer When a life insurance policyholder dies without naming or maintaining a living beneficiary, North Carolina law directs insurers to pay the death benefit into the insured’s estate. Under N.C. Gen. Stat. § 58-55-20(b)(1), the insurer treats…

How can I petition to become estate administrator if the named executor hasn’t probated the will within 90 days in North Carolina?

Detailed Answer When a person dies with a will in North Carolina, the named executor must present the original will to the Clerk of Superior Court and qualify for letters testamentary. Under North Carolina law, an executor who fails to present the will within 60 days of the testator’s death forfeits the right to serve.…

How can I open probate in North Carolina to protect inherited property when a co-heir claims sole ownership?

How Can I Open Probate in North Carolina to Protect Inherited Property When a Co-Heir Claims Sole Ownership? 1. Detailed Answer When a co-heir asserts sole ownership of inherited real estate, opening probate ensures the court recognizes all heirs’ rights and protects the property from improper transfers. In North Carolina, probate administration confirms title, settles…

What details must a State of North Carolina probate distribution order include to properly allocate estate assets?

What details must a State of North Carolina probate distribution order include to properly allocate estate assets? When a loved one passes away in North Carolina, the court issues a probate distribution order to direct how estate assets must flow to heirs and beneficiaries. A well-crafted distribution order prevents disputes and ensures the clerk of…

What steps should I take if my co-administrator files a petition to remove me as administrator in North Carolina?

What steps should I take if my co-administrator files a petition to remove me as administrator in North Carolina? 1. Detailed Answer When a co-administrator seeks your removal, North Carolina law allows interested parties to petition for removal under N.C. Gen. Stat. § 28A-18-1 and § 28A-18-2. Grounds include misconduct, neglect of duty, incapacity, or…