Probate Q&A Series

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Probate Q&A Series

Who has the right to control a deceased parent’s car and other property during trust or estate administration? NC

Who has the right to control a deceased parent’s car and other property during trust or estate administration? – NC Short Answer In North Carolina, control usually follows title and the fiduciary role. A personal representative generally controls probate estate property, while a trustee controls property titled in the trust, but neither may treat assets…

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Probate Q&A Series

What happens if one beneficiary or fiduciary took a distribution and the other side says it was handled the wrong way? NC

What happens if one beneficiary or fiduciary took a distribution and the other side says it was handled the wrong way? – NC Short Answer In North Carolina, a disputed estate or trust distribution usually turns into an accounting and fiduciary-duty issue. If a co-executor, trustee, or beneficiary received money or property without proper authority,…

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Probate Q&A Series

What documentation should beneficiaries be entitled to review when a co-executor or trustee asks to be reimbursed for estate or trust expenses? – NC

What documentation should beneficiaries be entitled to review when a co-executor or trustee asks to be reimbursed for estate or trust expenses? – NC Short Answer In North Carolina, beneficiaries are generally entitled to enough documentation to test whether a requested reimbursement was proper, related to administration, and actually paid. That usually means an itemized…

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