How do I find out whose Medicaid coverage is being checked for a possible lien in my matter? – NC Short Answer In North Carolina probate matters, a Medicaid recovery check usually concerns the deceased person whose estate is being administered, not a family member or other interested person. The person whose coverage is being…
Can I ask the court for more time if the probate accounting deadline is coming up and the estate is not ready to close? – NC Short Answer Yes. In North Carolina, a personal representative can ask the Clerk of Superior Court for more time to file the estate’s final accounting when the estate is…
What happens if a beneficiary was not notified about the probate proceeding? – NC Short Answer In North Carolina, a missed probate notice does not automatically void the entire estate case, but it can give an omitted beneficiary or heir grounds to ask the Clerk of Superior Court to review what happened and correct the…
What happens to money or valuables found in a safe deposit box when someone dies without a will? – NC Short Answer In North Carolina, cash or valuables found in a deceased person’s safe deposit box become part of the probate estate unless they pass outside probate by ownership rules that apply to the box…
What happens if the probate court schedules another hearing in an estate dispute? – NC Short Answer In North Carolina, another hearing in an estate dispute usually means the clerk of superior court or a superior court judge needs more information before ruling, or a party has raised an issue that requires notice and a…
What rights do I have if my parent died with a remainder interest in a house and the ex-spouse still has a life estate? – NC Short Answer In North Carolina, a remainder interest usually passes at death to the parent’s heirs or devisees, but that interest stays subject to the life tenant’s right to…
How long does it usually take to process and mail certified death certificates after an online request is approved? – NC Short Answer In North Carolina, there is no single statute that sets an exact number of mailing days after an online death certificate request is approved. In practice, the timeline usually depends on whether…
When and how should an estate respond to a debt collector while the estate is still identifying assets and debts? – NC Short Answer In North Carolina, an estate usually should not promise payment to a debt collector before the personal representative has identified estate assets, reviewed the claim, and confirmed whether the claim was…
Can my late spouse’s child force me to move out if the will says I have lifetime rights to live in the home? – NC Short Answer Usually no. In North Carolina, if a will gives a surviving spouse a lifetime right to live in a home, that right generally works like a life estate…
What happens to unclaimed property or other small assets if the estate has debts and creditors show up? – NC Short Answer In North Carolina, small estate assets do not automatically pass to heirs just because they are easy to collect. Valid estate debts and certain statutory allowances are paid before heirs receive anything, and…
