What happens if I think assets were moved around or changed after my relative’s dementia got worse? – North Carolina Short Answer In North Carolina, concerns about assets being moved or changed during a relative’s dementia usually point to two tracks: (1) what happened before death under a guardianship or other authority, and (2) what…
If the will left the house to people who have both since died, who owns the house now? – North Carolina Short Answer In North Carolina, if the will left the house to someone who later died, ownership usually depends on whether that person was alive when the parent (the testator) died. If the beneficiary…
What has to happen with a medical creditor claim before the estate can distribute to the trust and be officially closed? – North Carolina Short Answer In North Carolina, before an estate can make final distributions (including funding a testamentary trust) and be closed, any medical creditor claim must be handled in one of a…
What documents does an executor usually need to provide to update a date of death with Social Security or similar agencies? – North Carolina Short Answer In North Carolina, an executor usually needs a certified death certificate and proof of authority (such as Letters Testamentary or Letters of Administration) to ask Social Security or Medicare-related…
Do heirs or the personal representative ever have to pay the decedent’s medical bills out of their own money or jointly held assets? – North Carolina Short Answer Usually, no. In North Carolina, a decedent’s medical bills are generally paid (if at all) from estate assets, not from an heir’s or the personal representative’s personal…
Can Medicaid still come back later with a claim even if I was told the benefits were closed? – North Carolina Short Answer Yes. In North Carolina, “benefits closed” usually means Medicaid coverage stopped during life, not that the State gave up its right to seek repayment from the estate after death. If the decedent…
Do I need to open a small-estate probate case in the state where the bank account is located, even if the person died in another country? – North Carolina Short Answer Usually, yes—if the bank account is a North Carolina account and there is no payable-on-death beneficiary, the bank will typically require North Carolina authority…
Do I need a copy of the assignment or funding agreement to include the inheritance advance in the estate accounting? – North Carolina Short Answer In North Carolina, an estate accounting filed with the Clerk of Superior Court should be supported by records that explain why money was paid out of the estate. If the…
What problems can come up when trying to transfer title long after someone dies? – North Carolina Short Answer In North Carolina, transferring a house title years after a death often runs into “clouded title” problems: missing probate records, unclear heirs, unpaid liens, or a will that was never properly probated or recorded. The longer…
How do I probate an estate if I don’t have the original will but I think it was filed with the county? – North Carolina Short Answer In North Carolina, probate starts with the Clerk of Superior Court in the county where the person lived at death. If the original will is not in hand…
