How can I handle an auto insurance claim when the policyholder has died and the insurer wants to speak with the estate? – North Carolina Short Answer In North Carolina, the person who can usually speak for a deceased policyholder’s “estate” is the court-appointed personal representative (executor or administrator) who has qualified through the Clerk…
What records do I need to document a check deposited into the estate that came from another relative’s estate? – North Carolina Short Answer In North Carolina, a personal representative should be able to prove the source of every estate deposit and tie it to the estate’s accounting. For a check that came from another…
If the estate account is not open yet, can fees be advanced and reimbursed later from the estate? – North Carolina Short Answer In North Carolina, it is common for someone to front certain estate administration costs before an estate checking account is opened, and the personal representative can often seek reimbursement from estate funds…
Who notifies the heirs when the estate is finished and any distributions are ready? – North Carolina Short Answer In North Carolina probate, the personal representative (the executor named in the will or the administrator appointed by the Clerk of Superior Court) typically notifies heirs or devisees when the estate is ready to wrap up…
How do I document an extension or revised settlement terms so the personal representative is protected? – North Carolina Short Answer In North Carolina, the safest way to protect a personal representative when a creditor gives more time or changes settlement terms is to get the revised agreement in writing, signed by the creditor, and…
What documents count as acceptable proof for rights of survivorship or named beneficiaries if the bank can’t locate the original signature card? – North Carolina Short Answer In North Carolina, proof of rights of survivorship or a payable-on-death (POD) beneficiary for a bank account generally comes from the written account agreement that created the ownership…
What happens if the estate hasn’t been opened yet—can I handle urgent tasks like paying funeral bills or protecting property in the meantime? – North Carolina Short Answer In North Carolina, most “estate” tasks require authority from the Clerk of Superior Court, which usually starts when the court issues Letters Testamentary or Letters of Administration.…
What happens if the bank refuses to release funds without additional court paperwork? – North Carolina Short Answer In North Carolina, a bank commonly will not release a deceased person’s funds until the person asking for the money proves legal authority to act for the estate. That usually means presenting certified Letters Testamentary or Letters…
How do I oppose a motion for summary judgment in a will caveat when there are factual disputes about intent, revocation, and undue influence? – North Carolina Short Answer In a North Carolina will caveat, summary judgment should be denied if the evidence shows a genuine dispute about material facts such as the testator’s intent,…
Can I finish the estate’s final accounting first, or must the disclaimer be completed before closing the probate file? – North Carolina Short Answer In North Carolina, the probate file can usually be closed only after the personal representative has made final distributions and can document them in a final account. If a beneficiary plans…
