What priority distribution or year’s allowance can a minor heir claim from a parent’s estate?: North Carolina

What priority distribution or year’s allowance can a minor heir claim from a parent’s estate? – North Carolina Short Answer In North Carolina, an eligible child can claim a priority “year’s allowance” from a deceased parent’s personal property. For decedents who die on or after March 1, 2024, any child under 21 may claim $10,000,…

Can someone with power of attorney change beneficiaries on insurance or retirement accounts before death?

Can someone with power of attorney change beneficiaries on insurance or retirement accounts before death? – North Carolina Short Answer In North Carolina, an agent under a power of attorney may change beneficiary designations on life insurance or retirement accounts only if the power of attorney document expressly grants that authority. Even with express authority,…

How do I prepare and send a formal demand letter to recover excess estate distributions?: North Carolina Probate

How do I prepare and send a formal demand letter to recover excess estate distributions? – North Carolina Short Answer In North Carolina, a personal representative has a duty to recover any improper or excess distributions. Start with a written demand to the overpaid heir that explains the error, states the legal basis (your authority…

How do I complete estate administration when funds have already been disbursed incorrectly?: Practical steps in North Carolina probate

How do I complete estate administration when funds have already been disbursed incorrectly? – North Carolina Short Answer In North Carolina, a personal representative must correct the accounting, calculate the lawful shares, and recover any overpayment from an heir before the Clerk of Superior Court will approve the final account. The Clerk can order you…

What steps are needed to remove a nursing home lien from inherited property in an open estate?: North Carolina probate guidance

What steps are needed to remove a nursing home lien from inherited property in an open estate? – North Carolina Short Answer In North Carolina, you clear a nursing home or Medicaid lien from inherited real estate by: (1) bringing the property under the personal representative’s control as an estate asset; (2) properly handling the…