How does the spousal allowance work once I’ve nearly used it on retitling, and what are my options for the remaining vehicles? – North Carolina Short Answer In North Carolina, the spouse’s allowance is a court-assigned allowance (up to $60,000) that can be satisfied using the decedent’s personal property, including motor vehicles, and it is…
How can I confirm the court actually received my petition to open my child’s estate if there’s still no case number? – North Carolina Short Answer In North Carolina, the most reliable way to confirm receipt is to pull the e-filing “envelope” details (submission ID, date/time, and status) and then confirm with the Clerk of…
What does a receipt, release, and refunding agreement actually mean for me, and what risks am I taking if final expenses change? – North Carolina Short Answer In North Carolina estate administration, a “receipt, release, and refunding agreement” is a beneficiary’s written acknowledgment of a distribution, a release of the personal representative from liability tied…
How do I find and claim any unknown or out-of-state accounts or unclaimed property when the deceased lived in multiple places? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) typically starts by collecting records, contacting known financial institutions, and searching official unclaimed property databases for every state where the…
How can I compel an executor to send me my inherited diamond ring? – North Carolina Short Answer In North Carolina, a beneficiary generally cannot force an executor to mail a specific inherited item on the beneficiary’s preferred terms, but the beneficiary can take steps to enforce delivery of the property and the executor’s duties.…
What steps do I need to take as trustee to hire a realtor and set a fair listing price? – North Carolina Short Answer In North Carolina, a trustee generally should (1) confirm the trust document authorizes a sale and sets any limits, (2) document the property’s condition and title issues, (3) hire a qualified…
How does filing for a year’s allowance affect my share and the timing of estate closure? – North Carolina Short Answer In North Carolina, a year’s allowance is a statutory family allowance that is taken from the estate’s personal property and is handled early in the administration. It can reduce (or be charged against) what…
What documents should I gather as the parent of a minor heir before speaking with the law firm? – North Carolina Short Answer In North Carolina, a parent of a minor heir should gather documents that (1) prove the death and the minor’s relationship to the person who died, (2) show who has legal authority…
Does retitling and selling vehicles, or gifting one to a grandchild, affect our ability to include them in the year’s allowance? – North Carolina Short Answer In North Carolina, a vehicle can often be included in a surviving spouse’s or child’s year’s allowance, but the timing and the way title is handled matters. If a…
If my sibling misused a power of attorney before death, can the estate recover assets, and what kind of attorney handles that? – North Carolina Short Answer Yes. In North Carolina, if a power of attorney agent used the principal’s money for the agent’s own benefit (or otherwise failed to act in the principal’s best…
