Did I make a mistake by closing my relative’s sole checking account and moving the funds into my own account before the small-estate process finished, and how can I fix it if needed? NC

Probate Q&A Series

Did I make a mistake by closing my relative’s sole checking account and moving the funds into my own account before the small-estate process finished, and how can I fix it if needed? – North Carolina Short Answer Possibly. In North Carolina, a “small-estate” affidavit (collection of personal property by affidavit) gives a person limited…

Can my representative communicate with the banks on my behalf, and what authorization do they need? NC

Probate Q&A Series

Can my representative communicate with the banks on my behalf, and what authorization do they need? – North Carolina Short Answer Yes. In North Carolina, a court-appointed personal representative (executor or administrator) can communicate with banks to identify, collect, and manage estate assets, but banks usually require proof of death and proof of appointment. In…

How can I record an insurance reimbursement for a mistaken distribution in my estate’s final accounting? NC

Probate Q&A Series

How can I record an insurance reimbursement for a mistaken distribution in my estate’s final accounting? – North Carolina Short Answer In North Carolina, a reimbursement paid back to the estate for a mistaken distribution is usually recorded as a new estate receipt (money coming back in), and the original mistaken payment remains shown as…

Can I challenge my brother’s management of retirement plan and life insurance distributions? NC

Probate Q&A Series

Can I challenge my brother’s management of retirement plan and life insurance distributions? – North Carolina Short Answer Yes, but the path depends on whether the money is part of the probate estate. In North Carolina, a personal representative (estate administrator) must gather estate assets, file required inventories and accountings with the Clerk of Superior…