Can an estate representative require the bank to issue the remaining balance by check instead of sending it somewhere else? – North Carolina Short Answer In North Carolina, a duly qualified estate representative generally has authority to collect a decedent’s bank funds and ask that the remaining balance be paid out in a way that…
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…
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…
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…
If an early distribution is made and later taxes or expenses come due, do I have to pay money back to the estate? – North Carolina Short Answer Possibly. In North Carolina, an estate can sometimes make an early (partial) distribution, but the personal representative still has to pay valid estate expenses, creditor claims, and…
