How can I claim my share of life insurance proceeds that aren’t listed in the probate inventory? – North Carolina Short Answer In North Carolina, if a life insurance policy has no named beneficiary and the insurer pays the proceeds to the estate, those funds are probate assets that must be listed in the inventory…
How long must I wait after a parent’s death to sell or transfer inherited property without probate? – North Carolina Short Answer In North Carolina, title to a home passes to the heirs at death, so co‑heirs can deed their interests to each other right away, but the property remains subject to estate debts and…
Can my siblings transfer their inherited share of the house to me without opening probate? – North Carolina Short Answer Often yes. In North Carolina, when someone dies without a will, title to their real estate vests in the heirs at death, so your siblings can sign and record a deed transferring their interests to…
What happens if Medicaid rejects my waiver request—can I refinance the home to pay their claim? – North Carolina Short Answer If North Carolina Medicaid denies an undue hardship waiver, its estate-recovery claim stands and must be paid from estate assets. When the only asset is the home, a personal representative can ask the Clerk…
What proof do I need to show long-term residency in the family home for a Medicaid waiver? – North Carolina Short Answer In North Carolina, to request an undue hardship waiver of Medicaid estate recovery based on long-term occupancy, you must prove the home was your primary residence and that recovery would cause serious financial…
How can I apply for an undue hardship waiver to stop Medicaid from claiming my inherited home? – North Carolina Short Answer North Carolina allows the Department of Health and Human Services (DHHS) to recover certain Medicaid costs from a deceased person’s estate, including a home. You can request an undue hardship waiver or a…
What steps do I need to take to open probate for my parent’s estate? – North Carolina Short Answer In North Carolina, you open probate by filing an Application for Probate and Letters with the Clerk of Superior Court in the county where your parent lived, along with the original will if available. If you…
How should I handle repossession risk and loan obligations for estate vehicles? – North Carolina Short Answer In North Carolina, a personal representative must secure and insure estate vehicles, then decide quickly whether to keep, sell, or surrender them based on the estate’s solvency and any liens. You may sell a vehicle without a court…
What happens if the other heir tries to sell their share of an estate property under contract without my signature? – North Carolina Short Answer In North Carolina, one heir can sign a contract to sell only their own undivided interest; they cannot convey full title to the property without all co-owners (and, during administration,…
What steps must I take to file an inventory and petition to sell real property in probate? – North Carolina Short Answer In North Carolina, the personal representative files a verified inventory within three months of qualifying and, if estate real estate must be sold to pay debts or for administration, files a special proceeding…
