How Will Receiving an Inheritance Affect My Disability Benefits and Medicaid Eligibility in North Carolina? When you receive an inheritance, you must understand how it interacts with Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI) and Medicaid. SSDI is an earned‐benefit program based on work credits. SSDI benefits will continue unchanged when you inherit…
How Do I Transfer a Deceased Parent’s Trailer Title in North Carolina Using a Small Estate Affidavit? In North Carolina, if your parent dies without a will and leaves personal property valued at $20,000 or less, you can use a Small Estate Affidavit under N.C.G.S. § 28A-18-2 to transfer title to vehicles, trailers or other…
1. How Do Co-Heirs Fairly Divide Sentimental Personal Property in a North Carolina Probate? When a loved one dies without a clear plan for dividing antiques, furniture or other personal property, siblings can find themselves locked in conflict over sentimental items. North Carolina law gives your personal representative (formerly called an “administrator”) the duty to…
FAQ 1: How do I compel a personal representative to produce a decedent’s original will? Under North Carolina law, a personal representative must deposit the decedent’s original will with the clerk of superior court in the county where probate occurs. See N.C. Gen. Stat. § 28A-14-2. If the personal representative or an attorney holding the…
What is a permissive notice approach to final accounting in North Carolina probate? In North Carolina probate, a “permissive notice” approach offers a streamlined way to serve your beneficiaries with the public record portion of the personal representative’s final accounting. Rather than circulating every voucher, bank statement and attachment, you file the accounting with the…
What should I do if Medicaid Estate Recovery filed a satisfaction of claim prematurely because the estate’s real property was omitted? Under North Carolina law, the Division of Medical Assistance (DMA) may file a satisfaction of claim once it thinks all estate assets have been reported. If your annual accounting failed to list real property,…
Q1: What steps can heirs take to stop a former power of attorney after death and recover misused estate assets in North Carolina? When a healthcare or financial power of attorney expires at death, anyone continuing to act loses authority. North Carolina General Statutes Chapter 32A spells out how to revoke or challenge a power…
Is there a deadline to open probate in North Carolina? Under North Carolina law, you may open a probate estate at any time after a person’s death. There is no statute limiting how long you have to file a petition for probate in Jacksonville County or any other county. Even if the decedent passed away…
How Do I Compel a Personal Representative to Produce the Original Will in North Carolina? When a named executor or family member holds—or claims to have lost—a decedent’s original will, you can’t simply wait indefinitely. North Carolina law allows interested parties to ask the clerk of superior court to require production of the original. Under…
How Do I Join a Partition or Special Proceeding to Sell Inherited Property in Northampton County, NC? If you inherit an interest in real property through intestacy or by surviving spouse rights, you must be formally added as a party before a court may order its sale. In Northampton County—where Garysburg lies—the clerk of superior…
