Category Archives: Probate Q&A Series

How do I prove a deceased person’s brokerage account has no beneficiary or transfer-on-death designation for probate? NC

How do I prove a deceased person’s brokerage account has no beneficiary or transfer-on-death designation for probate? – North Carolina Short Answer In North Carolina probate, the usual way to prove a brokerage account has no transfer-on-death (TOD) or pay-on-death (POD) beneficiary is to obtain written confirmation from the brokerage firm’s transfer/estate department showing the…

What happens if the other party keeps delaying the probate process and nothing gets filed? NC

What happens if the other party keeps delaying the probate process and nothing gets filed? – North Carolina Short Answer In North Carolina, when an estate administration stalls because required paperwork is not being filed, the Clerk of Superior Court can force action. The Clerk can issue orders to file, set deadlines, schedule a show-cause…

Do I have to worry about Medicaid trying to recover costs from my parent’s estate after they pass away? NC

Do I have to worry about Medicaid trying to recover costs from my parent’s estate after they pass away? – North Carolina Short Answer In North Carolina, Medicaid can seek repayment from a deceased recipient’s estate for certain Medicaid-paid services, through the State’s Medicaid Estate Recovery program. Whether there is anything to recover depends on…

If a government check is made out to me personally after my parent died, can I cash it or does it have to go into the estate account? NC

If a government check is made out to me personally after my parent died, can I cash it or does it have to go into the estate account? – North Carolina Short Answer In North Carolina, the name on the check matters, but it is not the only issue. If a government check is truly…

What legal steps should I take now if my parent is in hospice and I suspect financial abuse or an improper property transfer? NC

What legal steps should I take now if my parent is in hospice and I suspect financial abuse or an improper property transfer? – North Carolina Short Answer In North Carolina, the fastest legal “next steps” usually focus on (1) preserving evidence, (2) stopping further transactions, and (3) putting a court-supervised decision-maker in place if…

Do I have to open an estate or become the administrator before I can request that the court compel production of a will?

Do I have to open an estate or become the administrator before I can request that the court compel production of a will? – North Carolina Short Answer No. In North Carolina, a person can ask the Clerk of Superior Court to compel someone to produce a decedent’s will without first opening an estate or…

After I file the initial inventory, what are the next steps in the estate process if the other side doesn’t respond? NC

After I file the initial inventory, what are the next steps in the estate process if the other side doesn’t respond? – North Carolina Short Answer In North Carolina estate administration, filing the initial inventory is usually followed by ongoing administration tasks (paying valid debts and expenses, managing estate property, and preparing the next required…

What can I do if a sibling is using or damaging an estate vehicle that multiple heirs are supposed to share? NC

What can I do if a sibling is using or damaging an estate vehicle that multiple heirs are supposed to share? – North Carolina Short Answer In North Carolina, an estate vehicle is typically under the control of the executor/personal representative during administration, not “shared” by heirs until the estate is ready to distribute it.…

If the retirement account is not payable to a beneficiary, how does the benefit get handled through probate and who has authority to request the payout? NC

If the retirement account is not payable to a beneficiary, how does the benefit get handled through probate and who has authority to request the payout? – North Carolina Short Answer In North Carolina, if a retirement plan’s death benefit is not payable to a living designated beneficiary, the plan will typically pay the benefit…

Can I ask the court to require a surviving parent to testify under oath about what happened to a will that I believe was destroyed or withheld? NC

Can I ask the court to require a surviving parent to testify under oath about what happened to a will that I believe was destroyed or withheld? – North Carolina Short Answer Yes—under North Carolina law, the usual way to force sworn answers about a missing will is to open an estate proceeding with the…