Category Archives: Probate Q&A Series

Is it proper that I reimbursed myself from the estate account for bills paid for the decedent, and what records do I need to show that? nc

Is it proper that I reimbursed myself from the estate account for bills paid for the decedent, and what records do I need to show that? – North Carolina Short Answer Often, yes—under North Carolina estate administration practice, a personal representative can repay themselves from the estate for reasonable, necessary estate expenses they personally advanced,…

How do I get letters of administration so I can be appointed and move forward with a wrongful death claim? – nc

How do I get letters of administration so I can be appointed and move forward with a wrongful death claim? – North Carolina Short Answer In North Carolina, letters of administration are issued by the Clerk of Superior Court (the probate court) after an eligible person applies to be appointed as the estate’s administrator, signs…

How do I protect my share of a house during probate when another heir is trying to make decisions without me? nc

How do I protect my share of a house during probate when another heir is trying to make decisions without me? – North Carolina Short Answer In North Carolina, an heir can protect a share of a house during an intestate probate by getting involved in the estate file with the Clerk of Superior Court…

How do I confirm whether the decedent’s final tax return was filed and who can provide a copy? nc

How do I confirm whether the decedent’s final tax return was filed and who can provide a copy? – North Carolina Short Answer In North Carolina, the person with legal authority to act for the decedent (usually the court-appointed personal representative) can confirm filing and request copies by checking the decedent’s records and requesting information…

How can I open an estate bank account as the executor, and what documents do banks usually require? nc

How can I open an estate bank account as the executor, and what documents do banks usually require? – North Carolina Short Answer In North Carolina, an executor typically opens an estate bank account after qualifying with the Clerk of Superior Court and receiving certified Letters Testamentary (or Letters of Administration). Most banks require certified…

Can a probate attorney send a demand letter to force the lender or servicer to release the lien on a paid-off vehicle? nc

Can a probate attorney send a demand letter to force the lender or servicer to release the lien on a paid-off vehicle? – North Carolina Short Answer Yes. In North Carolina, a probate attorney can send a written demand to the lender or servicer to release a vehicle lien, and state law sets specific timelines…

Can an adopted child be legally disinherited in a will even if they were raised by the deceased? nc

Can an adopted child be legally disinherited in a will even if they were raised by the deceased? – North Carolina Short Answer Yes. In North Carolina, an adopted child generally has the same legal status as a biological child for inheritance purposes, but a parent can still choose to leave that child nothing in…

How can I challenge a sibling’s power‑of‑attorney actions over a paid care contract and use of our parent’s money, or report suspected financial abuse? nc

How can I challenge a sibling’s power‑of‑attorney actions over a paid care contract and use of our parent’s money, or report suspected financial abuse? – North Carolina Short Answer In North Carolina, a power-of-attorney agent (attorney-in-fact) must act as a fiduciary for the parent (the principal) and keep records of what was done with the…

How can an estate administrator get a pension plan to release information about a deceased person’s account? nc

How can an estate administrator get a pension plan to release information about a deceased person’s account? – North Carolina Short Answer In North Carolina, a pension plan will usually release account information to an estate administrator only after receiving proof of authority to act for the estate. The most common proof is a certified…

What documents do I need to prove I paid property expenses so I can be reimbursed from the estate? – nc

What documents do I need to prove I paid property expenses so I can be reimbursed from the estate? – North Carolina Short Answer In North Carolina estate administration, reimbursement for property-related expenses usually requires proof of (1) what was paid, (2) when it was paid, (3) who paid it, and (4) that the charge…