Can my siblings make end-of-life care decisions without including me when we are all the next of kin? – North Carolina Short Answer In North Carolina, if a parent still has capacity, the parent makes end-of-life and hospice care decisions—not the adult children. If the parent later loses capacity and there is no health care…
What can I do if someone won’t share information about the will or the inheritance process? – North Carolina Short Answer In North Carolina, the most practical first step is usually to check with the Clerk of Superior Court in the county where the estate is (or should be) opened, because a will becomes a…
Who is supposed to process an estate’s request for a deceased employee’s 401(k) records—the employer, the third-party benefits administrator, or the recordkeeper? – North Carolina Short Answer In most situations, the request for a deceased employee’s 401(k) records is handled by the plan’s plan administrator (often a third-party benefits administrator) and/or the recordkeeper, not the…
What documents does a bank typically require to release a deceased person’s 1099 forms and account history when there is no executor appointed? – North Carolina Short Answer In North Carolina, a bank will usually release a deceased person’s account history and tax reporting (like 1099-INT) only to someone with clear legal authority to act…
What value should I use on the inventory for real estate when the tax assessment changed after the person died? – North Carolina Short Answer In North Carolina, the estate inventory should generally report the real estate’s fair market value as of the date of death, not a later tax-assessed value that changed after death.…
What happens to rent or escrow money collected from people living in inherited property if we can’t figure out where the funds went? – North Carolina Short Answer In North Carolina, rent or other money collected for an estate generally must be traced, reported in the estate accounting, and either held for proper estate purposes…
What can I do if a beneficiary says they won’t divide trust assets and is trying to drag the trust administration out for years? – North Carolina Short Answer In North Carolina, a beneficiary generally cannot “hold the trust hostage” just by refusing to cooperate. If the person delaying things is acting as trustee (or…
What happens if an executor sells or throws away my property before I can pick it up? – North Carolina Short Answer In North Carolina, an executor (called a “personal representative”) must gather, safeguard, and then distribute estate property to the people entitled to it. If the personal representative sells, gives away, or discards property…
How do I challenge a power of attorney that was signed when my parent had dementia and may not have understood what they were signing? – North Carolina Short Answer In North Carolina, challenging a power of attorney (POA) signed during dementia usually means asking the Superior Court to declare the POA invalid because the…
If relatives have been living in the estate house, can their mortgage or upkeep payments be treated like rent instead of reimbursable expenses? – North Carolina Short Answer Sometimes. In North Carolina, whether a relative’s mortgage, tax, insurance, or upkeep payments are reimbursable (instead of treated like “rent”) often turns on whether that person had…
