What should I do if Medicaid Estate Recovery filed a satisfaction of claim prematurely because the estate’s real property was omitted? Under North Carolina law, the Division of Medical Assistance (DMA) may file a satisfaction of claim once it thinks all estate assets have been reported. If your annual accounting failed to list real property,…
Q1: What steps can heirs take to stop a former power of attorney after death and recover misused estate assets in North Carolina? When a healthcare or financial power of attorney expires at death, anyone continuing to act loses authority. North Carolina General Statutes Chapter 32A spells out how to revoke or challenge a power…
Is there a deadline to open probate in North Carolina? Under North Carolina law, you may open a probate estate at any time after a person’s death. There is no statute limiting how long you have to file a petition for probate in Jacksonville County or any other county. Even if the decedent passed away…
How Do I Compel a Personal Representative to Produce the Original Will in North Carolina? When a named executor or family member holds—or claims to have lost—a decedent’s original will, you can’t simply wait indefinitely. North Carolina law allows interested parties to ask the clerk of superior court to require production of the original. Under…
How Do I Join a Partition or Special Proceeding to Sell Inherited Property in Northampton County, NC? If you inherit an interest in real property through intestacy or by surviving spouse rights, you must be formally added as a party before a court may order its sale. In Northampton County—where Garysburg lies—the clerk of superior…
What if the appointed personal representative dies before probating my grandmother’s estate in Rockingham County? If the person named in your grandmother’s will (your father) died before opening or completing probate, North Carolina law provides for a successor personal representative. Under N.C. Gen. Stat. § 28A-12-1, when a named executor can’t serve, dies, or resigns…
FAQ 1: What rights does a beneficiary have under North Carolina law to request copies of a revocable living trust? As a beneficiary of your grandmother’s revocable living trust, North Carolina law gives you a clear right to inspect and copy the trust instrument and any amendments. Under N.C. Gen. Stat. § 36C-8-815, a trustee…
FAQ 1: What are my tax-filing requirements as a North Carolina personal representative, and can I rely on a CPA letter confirming no taxes are owed? As the personal representative administering an estate in Wake County or any North Carolina county, you must ensure the decedent’s final personal income taxes and the estate’s income taxes…
FAQ 1: Do I Need Probate for a House Held as Tenants by the Entirety in North Carolina? In North Carolina, when a married couple owns real property as tenants by the entirety (TBE), the surviving spouse automatically owns the property outright upon the other spouse’s death. You generally do not need to open a…
What should I do if I believe a family member wrongly diverted my inheritance by claiming I was incompetent? If you suspect a personal representative or heir improperly removed you from an estate by falsely claiming incompetency, start by reviewing North Carolina’s probate notice requirements and your rights as an heir. Under North Carolina General…
