If a lawsuit about missing assets started in another state before the death, can it continue there after the person dies, and how does the estate get substituted into the case? – NC

If a lawsuit about missing assets started in another state before the death, can it continue there after the person dies, and how does the estate get substituted into the case? – NC Short Answer Usually, yes. If the claim survives the person’s death, the out-of-state court can often keep the case and allow the…

Can an estate be challenged again after it is closed if the distributions or accounting were not correct? NC

Can an estate be challenged again after it is closed if the distributions or accounting were not correct? – NC Short Answer Yes, in some situations. In North Carolina, closing an estate and filing a final account does not automatically prevent later action if the accounting was incorrect, assets were missed, distributions were improper, or…

What are the steps I need to follow to properly administer a trust after a parent dies if most assets are already in the trust or transfer-on-death? NC

What are the steps I need to follow to properly administer a trust after a parent dies if most assets are already in the trust or transfer-on-death? – NC Short Answer In North Carolina, administration usually does not stop just because most assets were already titled in a revocable trust or pass by transfer-on-death designation.…

Do I need to notify government benefit programs or other entities after a death even if there is no formal probate case? – NC

Do I need to notify government benefit programs or other entities after a death even if there is no formal probate case? – NC Short Answer Yes. In North Carolina, a death can trigger notice duties and practical closeout steps even when no formal probate estate is opened. Social Security, pension administrators, banks, insurers, Medicaid…