If my spouse promised certain property to a family member (like a vehicle or other personal items) but it isn’t in a will, does that promise control what happens to it? – North Carolina Short Answer Usually not. In North Carolina, a family member generally cannot take a decedent’s property based only on a verbal…
How do I get the house legally transferred into my name after my parent dies, and can creditors force the house back into the estate? – North Carolina Short Answer In North Carolina, the usual path to get a deceased parent’s house into a beneficiary’s name is to probate the will with the Clerk of…
Can I use an older stamped probate-court copy, or do I need to order a newly dated certified copy? – North Carolina Short Answer In North Carolina, a file-stamped copy from the Clerk of Superior Court is usually fine for sharing information with a law firm, especially if the goal is to show what was…
How do I obtain the estate’s tax reporting forms for an account after the account is closed? – North Carolina Short Answer In North Carolina estate administration, tax reporting forms (most often a year-end Form 1099) are typically issued based on the taxpayer ID tied to the account, even if the account is later closed.…
What should I do if I think a relative is holding onto checks or other assets that belong to the estate? – North Carolina Short Answer In North Carolina, estate assets (including checks payable to the decedent or the estate) should be gathered and controlled by the court-appointed personal representative (executor/administrator), not kept by a…
What can I do if I think a sibling used undue influence to control my parent and change a trust or beneficiary plan? – North Carolina Short Answer In North Carolina, a suspected undue influence situation usually calls for fast evidence preservation and the right court filing based on what document changed (trust, will, or…
Can a probate lawyer help just with the last steps of the estate administration, like the final accounting and closing paperwork? – North Carolina Short Answer Yes. In North Carolina, a probate lawyer can often help on a limited basis with the “end-stage” tasks of estate administration, such as preparing the estate inventory and drafting…
What happens if a creditor files a claim against the estate before the claims deadline ends? – North Carolina Short Answer In North Carolina, a creditor can file a claim at any time during the open claims period, and an early-filed claim is treated as a timely claim. Filing early does not mean the estate…
Can I use an out-of-state CPA to file a deceased parent’s final tax return and handle any state tax notices from another state? – North Carolina Short Answer In North Carolina, an estate administrator can generally hire an accountant, including an out-of-state CPA, to prepare and file a deceased parent’s final returns and help respond…
Do the investment accounts that are payable on death to a testamentary trust have to be retitled into the trust first before any beneficiaries can receive their outright shares? – North Carolina Short Answer Usually, yes in practice: if a brokerage account is designated TOD/POD to a testamentary trust, the brokerage typically will not distribute…
