How do I locate and include any retirement or investment accounts in the estate inventory? – North Carolina Short Answer In North Carolina, retirement and investment accounts are included in the estate inventory only if they are probate assets (for example, an account titled solely in the decedent’s name with no beneficiary designation, or an…
Can we sell the family home outside probate and still secure a year’s allowance for other personal assets? – North Carolina Short Answer Often, yes. In North Carolina, a surviving spouse can claim a year’s allowance based on the decedent’s personal property (not real property), and the Clerk of Superior Court can award the allowance…
How do I handle a joint checking account after my parent passes away? – North Carolina Short Answer In North Carolina, what happens to a joint checking account after a parent dies depends on how the account was titled in the bank’s paperwork. If the account has a valid right of survivorship, the surviving joint…
What steps do I need to remove a stepchild squatting in an inherited home? – North Carolina Short Answer In North Carolina, removing a stepchild who is occupying an inherited home usually requires a court order—either through the estate (to put the personal representative in lawful possession) or through a separate civil eviction/ejectment process. The…
How do I designate the personal representative so third parties direct all estate questions to the correct person? – North Carolina Short Answer In North Carolina, third parties usually treat the correct point of contact for an estate as the person the Clerk of Superior Court has officially appointed as the estate’s personal representative (executor…
How do I proceed with selling or partitioning the family farm when I can’t agree with the executor? – North Carolina Short Answer In North Carolina, the path depends on who holds title to the farm right now. If the farm has already passed to the will beneficiaries (often the case), a co-owner can file…
Can I claim a spousal allowance to cover transferring a traded-in car? – North Carolina Short Answer Yes—under North Carolina law, a surviving spouse can ask the Clerk of Superior Court to assign the deceased spouse’s interest in a vehicle as part of the spousal year’s allowance, and a certified copy of that assignment can…
How can I review past financial transactions made without court approval by my mother? – North Carolina Short Answer In North Carolina, the most reliable way to review past transactions involving a deceased person’s assets is to open an estate with the Clerk of Superior Court and become the court-appointed personal representative (administrator). Once letters…
Can I require financial institutions to search for unreported retirement plans after a death? – North Carolina Short Answer Sometimes, but not through a blanket demand. In North Carolina, an executor (personal representative) can request information from likely institutions, and if there are reasonable grounds to believe a specific institution holds estate property, the executor…
What steps do I need to transfer real property from my parent’s estate in multiple jurisdictions? – North Carolina Short Answer In North Carolina, transferring a parent’s real property through an estate when land is located in more than one jurisdiction usually requires (1) opening (or tying into) the main estate administration where the decedent…
