Can another attorney at the firm take over a probate dispute if the first person I contacted is unavailable? – NC Short Answer Yes. In North Carolina, a law firm can usually assign another attorney to handle a probate dispute if the first contact is unavailable, as long as the firm can take the matter,…
What happens if estate paperwork is filed with mistakes? – NC Short Answer In North Carolina, a mistake in estate paperwork does not always derail the estate, but it can cause delays, extra filings, added scrutiny from the Clerk of Superior Court, and in some cases removal of the personal representative. Minor errors are often…
What documents and records do I need to give an attorney to complete the annual and final estate accountings? – NC Short Answer In North Carolina, an attorney usually needs the estate inventory, all estate bank records, proof of every receipt and disbursement, and records showing what property is still on hand to prepare an…
Can I still finish the estate administration if a required affidavit asks for information only the deceased would have known? – NC Short Answer Usually, yes. In North Carolina, estate administration does not automatically stop just because a final affidavit includes a question the deceased person would have been the only one able to answer.…
Can I file a final accounting if there’s still one estate matter that hasn’t been resolved yet? – NC Short Answer Usually no. In North Carolina, a personal representative generally files a final accounting only when the estate administration is ready to close and the remaining estate property, receipts, disbursements, and distributions can be fully…
What happens if a transfer agent says estate account records were sent but will not provide the mailing date? – NC Short Answer In North Carolina, saying records were “sent” does not always end the issue if the estate still has not received them. When a transfer agent or shareholder services company will not confirm…
How do I handle a stepparent’s will after they pass away? – NC Short Answer In North Carolina, a stepparent’s will is usually handled by filing the original will with the Clerk of Superior Court in the county where the decedent lived and asking the clerk to admit it to probate. If the will names…
Can someone with a life estate rent out the property or take out a mortgage without my permission? – NC Short Answer Usually, a life tenant in North Carolina can use and possess the property during the life estate, which often includes collecting rent from a lease made during that period. But a life tenant…
Can an estate recover unpaid Social Security benefits after someone dies? – NC Short Answer Usually, unpaid Social Security benefits do not become a general probate asset that the estate can collect first. Federal Social Security rules set a priority order for who may receive any underpayment after death, and the estate is generally paid…
How do I fix probate paperwork for a car when the notary says the form is incomplete? – NC Short Answer In North Carolina, probate paperwork for a vehicle usually must be corrected before it is notarized if key title details are missing. If the form leaves out the odometer reading, the vehicle make, or…
