How do I claim pension or survivor benefits payable to an estate when the plan will not talk to me? – North Carolina Short Answer In North Carolina, a pension plan will usually only communicate with (and pay) the court-appointed personal representative of the estate, not a family member or other helper. The practical fix…
How are beneficiaries notified during probate, and who is responsible for sending those notices? – North Carolina Short Answer In North Carolina probate, the personal representative (the executor named in a will or the administrator appointed when there is no will) is usually responsible for giving required notices. Some notices go to creditors (by newspaper…
If the other side files more papers or tries to reenter the property, what steps can I take to stop them quickly? – North Carolina Short Answer In North Carolina, the fastest way to stop a disputed reentry or further “papering” of title is usually to file a Superior Court case affecting title (often a…
Do I have grounds to sue the funeral home or others for delays or mishandling related to my parent’s arrangements? – North Carolina Short Answer Possibly, but it depends on what went wrong, who caused the delay, and what harm resulted. In North Carolina, the funeral director who first takes custody of the body generally…
Is it proper that I reimbursed myself from the estate account for bills paid for the decedent, and what records do I need to show that? – North Carolina Short Answer Often, yes—under North Carolina estate administration practice, a personal representative can repay themselves from the estate for reasonable, necessary estate expenses they personally advanced,…
How do I get letters of administration so I can be appointed and move forward with a wrongful death claim? – North Carolina Short Answer In North Carolina, letters of administration are issued by the Clerk of Superior Court (the probate court) after an eligible person applies to be appointed as the estate’s administrator, signs…
How do I protect my share of a house during probate when another heir is trying to make decisions without me? – North Carolina Short Answer In North Carolina, an heir can protect a share of a house during an intestate probate by getting involved in the estate file with the Clerk of Superior Court…
How do I confirm whether the decedent’s final tax return was filed and who can provide a copy? – North Carolina Short Answer In North Carolina, the person with legal authority to act for the decedent (usually the court-appointed personal representative) can confirm filing and request copies by checking the decedent’s records and requesting information…
How can I open an estate bank account as the executor, and what documents do banks usually require? – North Carolina Short Answer In North Carolina, an executor typically opens an estate bank account after qualifying with the Clerk of Superior Court and receiving certified Letters Testamentary (or Letters of Administration). Most banks require certified…
Can a probate attorney send a demand letter to force the lender or servicer to release the lien on a paid-off vehicle? – North Carolina Short Answer Yes. In North Carolina, a probate attorney can send a written demand to the lender or servicer to release a vehicle lien, and state law sets specific timelines…
