How can I get credit for a payment I made if it doesn’t show up on my receipt or account statement? – North Carolina Short Answer In North Carolina, the fastest way to get credit for a missing payment is to provide proof of the transaction (such as a card confirmation, bank/credit-card posting, or processor…
What happens if other relatives show up after the death and try to take the property—does that affect my ability to make a claim? – North Carolina Short Answer In North Carolina, other relatives showing up and asserting rights to the decedent’s property usually does not eliminate a caregiver’s ability to make a claim. A…
What happens if the main beneficiary in a will dies shortly after the person who made the will? – North Carolina Short Answer In North Carolina, if a will beneficiary dies too soon after the person who made the will, the beneficiary can be treated as having died first, and the gift may not go…
How do heirs receive their share of an estate, and do I have to sign something before the estate can be closed? – North Carolina Short Answer In North Carolina, heirs usually receive their share after the personal representative (executor/administrator) gathers estate assets, pays valid debts and expenses, and then makes distributions shown on an…
Can I talk to a lawyer about suspected wrongdoing involving a will without automatically starting a criminal case? – North Carolina Short Answer Yes. In North Carolina, a person can speak with a probate attorney about suspected wrongdoing involving a will without automatically starting a criminal case. A consultation is typically confidential, and a probate…
Can I get a receipt and satisfaction of payment after an inheritance advance is paid off by the estate? – North Carolina Short Answer Yes. In North Carolina, a personal representative can (and usually should) request written confirmation that an inheritance-advance payoff check was received and that the company’s claim against the estate (or assignment…
How do I request an estate file from the prior attorney when our firm is taking over representation? – North Carolina Short Answer In North Carolina, the cleanest way to request an estate file from prior counsel is to (1) confirm who the client is (usually the personal representative in an official capacity), (2) obtain…
What happens if the deceased person still owes taxes, and how do I find out if a final tax return is required? – North Carolina Short Answer In North Carolina, taxes the decedent owed (and certain estate-level taxes) generally must be addressed as part of probate before the estate can be closed and distributions made.…
How do I challenge the personal representative’s attempt to have me declared ineligible as an heir? – North Carolina Short Answer In North Carolina, an heir can challenge a personal representative’s attempt to treat that heir as “ineligible” by filing an estate proceeding with the Clerk of Superior Court and demanding a hearing on the…
How can I check the status of my probate paperwork and confirm what documents still need to be submitted? – North Carolina Short Answer In North Carolina, probate and estate administration are handled through the Clerk of Superior Court (the “estate file”). The most reliable way to check status is to contact the Estates Division…
