How can I get access to trust financial records if another beneficiary or trustee is controlling all the files and information? nc

Probate Q&A Series

How can I get access to trust financial records if another beneficiary or trustee is controlling all the files and information? – North Carolina Short Answer In North Carolina, a trustee generally must keep good records and provide qualified beneficiaries with reasonably complete and accurate information about trust assets and administration, including allowing reasonable inspection…

Can the estate retrieve a vehicle after it has been surrendered or repossessed, and what would that process look like? nc

Probate Q&A Series

Can the estate retrieve a vehicle after it has been surrendered or repossessed, and what would that process look like? – North Carolina Short Answer Sometimes. In North Carolina, whether an estate can get a vehicle back after surrender or repossession usually depends on (1) whether the lender has already sold the vehicle and (2)…

What can I do if my sibling used a power of attorney to change my parent’s assets to benefit themselves before my parent died? nc

Probate Q&A Series

What can I do if my sibling used a power of attorney to change my parent’s assets to benefit themselves before my parent died? – North Carolina Short Answer In North Carolina, a power of attorney agent (attorney-in-fact) must act for the parent’s benefit and within the authority granted in the document. If a sibling…

What should I do if an insurance company refuses to cancel a policy after I report the death? nc

Probate Q&A Series

What should I do if an insurance company refuses to cancel a policy after I report the death? – North Carolina Short Answer In North Carolina, an insurance company often will not process a cancellation request after a policyholder’s death unless the request comes from someone with clear legal authority (usually a court-appointed personal representative)…

If my parent is in hospice with no power of attorney or living will, who gets to make medical decisions if my parent can’t communicate? nc

Estate Planning Q&A Series, Probate Q&A Series

If my parent is in hospice with no power of attorney or living will, who gets to make medical decisions if my parent can’t communicate? – North Carolina Short Answer In North Carolina, if a hospice patient cannot make or communicate health care decisions and there is no health care power of attorney or living…