How can a wrongful death claim proceed if the executor refuses to file it? – North Carolina Short Answer In North Carolina, only the court‑appointed personal representative (executor or administrator) or a court‑appointed collector can file a wrongful death claim. If the executor refuses, an interested person may ask the Clerk of Superior Court to…
What happens if an heir paid the funeral bill out of pocket and requests reimbursement from the estate? – North Carolina Short Answer In North Carolina, the estate is primarily liable for reasonable funeral expenses. An heir who paid the bill can request reimbursement by filing a timely claim with the personal representative. Up to…
How can a spouse or her child secure a spousal allowance or year’s allowance if they’re not named in the will? – North Carolina Short Answer In North Carolina, a surviving spouse may claim a $60,000 spousal year’s allowance and an eligible child may claim a $5,000 child’s year’s allowance from the decedent’s estate, even…
Can a surviving spouse intervene in a probate case managed by the decedent’s parents? – North Carolina Short Answer Yes. In North Carolina, a surviving spouse is an interested person with the right to file petitions in the estate case before the Clerk of Superior Court. You can ask the clerk to compel a proper…
What steps can I take if estate administrators ignore my requests for an accounting of assets? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to order the personal representative to provide a full, verified accounting and to correct the inventory. The clerk can compel an accounting within…
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…
