What happens to accounts that were only in the deceased person’s name versus accounts with a payable-on-death beneficiary or joint owner? – North Carolina Short Answer In North Carolina, an account titled only in the deceased person’s name is usually an estate asset, meaning the administrator collects it using Letters of Administration and reports it…
Can a mortgage company refuse payments until I have letters, and how do I prevent foreclosure or penalties while I wait? – North Carolina Short Answer In North Carolina, a mortgage company commonly asks for “letters” (letters testamentary or letters of administration) before it will accept payments from someone acting for a deceased borrower’s estate,…
Is it better to open the estate myself or wait and participate as an heir after the stepparent opens it? – North Carolina Short Answer In North Carolina, it is often safer not to sign any waiver/renunciation papers and to consider opening the estate (or asking the Clerk of Superior Court to appoint a neutral…
How do I contest a sibling’s claim to an estate when the named beneficiary was alive at the time of death? – North Carolina Short Answer In North Carolina, if a will or beneficiary designation names a person who was alive when the decedent died, that person generally has priority over a sibling’s claim—unless the…
What proof should I gather to show the court that we were married at the time of death if the certificate is wrong? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court typically accepts a certified copy of the marriage record (license and completed certificate/return) from the Register of Deeds as…
How do I get a remaining margin balance cleared from a deceased person’s brokerage account so we can close the account? – North Carolina Short Answer In North Carolina, a margin balance in a deceased person’s brokerage account is usually treated as a debt of the estate that must be paid (or otherwise resolved) before…
What should I watch for in an inheritance funding contract so I don’t get stuck with unfair terms? – North Carolina Short Answer In North Carolina, an “inheritance funding” (or “inheritance advance”) contract often works like an assignment of part of an expected inheritance in exchange for money now. The biggest risks usually come from…
If the estate has money left after a foreclosure, how is that money supposed to be divided among the children? – North Carolina Short Answer In North Carolina, any leftover money that ends up in a deceased parent’s estate after a foreclosure (often called “surplus proceeds”) is treated like other estate money: it is used…
How is real estate handled when some property is jointly owned with survivorship and other property is titled only in the deceased person’s name? – North Carolina Short Answer In North Carolina, real estate held with a survivorship feature (most commonly tenancy by the entirety between spouses, or joint tenancy with right of survivorship) generally…
What does the probate process look like from start to finish? – North Carolina Short Answer In North Carolina, probate usually starts when a personal representative (an executor under a will or an administrator when there is no will) qualifies with the Clerk of Superior Court in the county where the person lived. After qualification,…
