Do I have any right to see prior versions of my parent’s will or other estate documents if nothing has been filed with the court yet? – North Carolina Short Answer Usually, no. In North Carolina, if no will or estate paperwork has been filed with the Clerk of Superior Court yet, there is often…
How do life insurance policies and old beneficiary designations affect what is distributed through the estate? – North Carolina Short Answer In North Carolina, life insurance usually does not pass through the probate estate if the policy has a living named beneficiary. The insurance company generally pays the person listed on the most recent beneficiary…
How can I move forward with handling a house and land in the estate while there is an ongoing court dispute? – North Carolina Short Answer In North Carolina, a will contest (a “caveat”) usually slows estate administration down, but it does not automatically freeze everything. The Clerk of Superior Court typically enters an order…
What can I do if the estate has been left open for a long time and I think the executor is mishandling assets or debts? – North Carolina Short Answer In North Carolina, an “interested person” (such as an heir or beneficiary) can ask the Clerk of Superior Court (the probate court) to require the…
What happens if the only will I can find is an older copy that says it was voided by a newer will? – North Carolina Short Answer In North Carolina, an older will can still be the will that gets probated if no newer will is produced and proved. But if the only will available…
Do I need to do anything else to clear the title or update records after my parent’s death? – North Carolina Short Answer Often, yes—some follow-up steps are still needed in North Carolina even if the home was transferred into a child’s name before the parent died. The key question is whether the deed was…
How do I figure out whether a deceased parent owed taxes or was due a refund before I pay credit card creditors? – North Carolina Short Answer In North Carolina estate administration, taxes can have priority over general unsecured debts like credit cards, so it is usually wise to confirm whether returns must be filed,…
What happens if the deceased person’s house or accounts passed outside of probate—do I still have any rights to information or property? – North Carolina Short Answer In North Carolina, many assets can pass “outside probate” (for example, joint accounts with survivorship or payable-on-death accounts), and those assets usually go directly to the named survivor…
Who is allowed to be a witness when I sign an estate document, and who is disqualified because they’re involved in the estate? – North Carolina Short Answer In North Carolina, who can serve as a witness depends on the exact estate document being signed. For many estate documents, the safest choice is a neutral…
What tax returns need to be filed after a spouse dies, especially if there was deferred compensation or retirement-related income? – North Carolina Short Answer In North Carolina, there are usually two separate income-tax “buckets” after a spouse dies: (1) the decedent’s final individual income tax returns (federal Form 1040 and North Carolina Form D-400),…
