What steps can I take to recover the funds withdrawn when the decedent’s bank accounts were closed?: Practical steps under North Carolina probate

What steps can I take to recover the funds withdrawn when the decedent’s bank accounts were closed? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to order the former power-of-attorney agent to provide a full accounting and to restore money wrongfully taken. The estate’s personal representative (or…

How can I properly close the estate checking account and transfer the remaining funds to myself as sole heir?: Answered under North Carolina probate law

How can I properly close the estate checking account and transfer the remaining funds to myself as sole heir? – North Carolina Short Answer In North Carolina, the personal representative may distribute remaining estate cash to the heir only after paying valid claims, expenses, and required taxes, and after the creditor claim period has run.…

How do I obtain and validate satisfaction of creditor claims for paid credit accounts?

How do I obtain and validate satisfaction of creditor claims for paid credit accounts? – North Carolina Short Answer In North Carolina, the personal representative gathers written claims, pays valid claims in statutory priority, and proves satisfaction with vouchers such as paid-in-full letters, final account statements showing a zero balance, and canceled checks. The Clerk…

What income tax filings does the estate need to complete once business asset information is collected?: North Carolina

What income tax filings does the estate need to complete once business asset information is collected? – North Carolina Short Answer In North Carolina, an estate is a separate taxpayer. After you gather business asset and income details, you generally file: (1) the decedent’s final individual returns (IRS Form 1040 and NC Form D-400) and…

How can I transfer the decedent’s business interests, including obtaining asset valuations and changing ownership?

How can I transfer the decedent’s business interests, including obtaining asset valuations and changing ownership? – North Carolina Short Answer In North Carolina, the executor inventories the business interests, obtains a fair‑market‑value appraisal as of the date of death, and either sells the interest or distributes it in kind after addressing creditor claims. The executor…

What rights do I have as a disinherited surviving spouse when the decedent named someone else executor?: North Carolina Probate

What rights do I have as a disinherited surviving spouse when the decedent named someone else executor? – North Carolina Short Answer In North Carolina, a disinherited spouse can claim a statutory “elective share” of the decedent’s estate, even if someone else is the executor. You must file the elective share claim with the Clerk…