Probate Q&A Series

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Probate Q&A Series

Can an estate administrator request historical statements directly, and what proof does the bank usually require? NC

Can an estate administrator request historical statements directly, and what proof does the bank usually require? – NC Short Answer Yes. In North Carolina, a duly appointed estate administrator can usually request historical bank statements that are reasonably needed to collect estate information, trace funds, and complete the estate administration. Most banks will ask for…

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Probate Q&A Series

Can someone acting under a power of attorney sign paperwork to give up a living parent’s inheritance interest in an estate? NC

Can someone acting under a power of attorney sign paperwork to give up a living parent’s inheritance interest in an estate? – NC Short Answer Sometimes, but not automatically. Under North Carolina law, an agent acting under a power of attorney may sign a renunciation or disclaimer of a living parent’s inheritance interest only if…

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Probate Q&A Series

Do the proceeds from an estate property sale have to be paid to the estate instead of directly to an heir or family member? – NC

Do the proceeds from an estate property sale have to be paid to the estate instead of directly to an heir or family member? – NC Short Answer Usually, yes. In North Carolina, when estate real property is sold during administration, the personal representative must protect estate assets, address valid creditor claims, and complete the…

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Probate Q&A Series

How is each heir’s percentage ownership in inherited property calculated when some heirs have passed away and have descendants? NC

How is each heir’s percentage ownership in inherited property calculated when some heirs have passed away and have descendants? – NC Short Answer In North Carolina, each heir’s percentage ownership in inherited property is usually calculated under the intestacy statutes by first identifying the correct generation, then dividing the property into shares at that level,…

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Probate Q&A Series

If the executor locks me out of estate property and won’t communicate, what are my options to get information and protect my inheritance? NC

If the executor locks me out of estate property and won’t communicate, what are my options to get information and protect my inheritance? – NC Short Answer In North Carolina, an heir, devisee, or other interested person can ask the Clerk of Superior Court to force an executor to file a full account, explain estate…

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