1. How Do I Properly Deposit a Decedent’s Refund Check into the Estate Account? When you receive a physical refund check payable to “Jared & State of Harris” (the decedent), you cannot deposit it into your personal bank account. North Carolina law requires all estate receipts to flow through a dedicated estate bank account under…
FAQ: Why Does My Probate Attorney Check for Medicaid Eligibility on an Estate? Probate attorneys routinely verify whether a decedent received Medicaid benefits for long-term care. Under federal Medicaid law and North Carolina’s Medicaid estate recovery program (see N.C. Gen. Stat. § 108A-70), the state may file a claim against the probate estate to recoup…
FAQ 1: When Are Taxes Due on the Sale of Inherited Real Estate in North Carolina, and Who Pays Them? In North Carolina, heirs don’t pay state inheritance tax. The last NC inheritance tax expired in 2009 (N.C. Gen. Stat. § 105-2). However, selling inherited real property can trigger federal capital gains reporting. Here’s what…
FAQ 1: What should I do if I discover an original will after probate has started in Wake County? Finding an original will after you’ve filed for probate can change the process. Under North Carolina law, the personal representative must deposit the newly discovered will with the clerk of superior court in the county where…
What steps should an heir take to confirm and protect their ownership interest in inherited real property in Gaston County, North Carolina? If you’ve inherited land in Gaston County, you need to verify the chain of title and maintain the property to protect your interest. Start by ordering a title search from a trusted abstracting…
How Do I Claim Life Insurance Proceeds if the Named Beneficiary Dies After the Insured in North Carolina? When a life insurance policy names a primary beneficiary who survives the insured by at least seven days, North Carolina law treats the proceeds as belonging to that beneficiary’s estate. Under N.C. Gen. Stat. § 28A-15-1, if…
FAQ: How do I sell an inherited house in Gaston County when the named executors have died and the property is facing foreclosure? If you inherit real estate in Gaston County and the named executors on the will have predeceased the testator, you must first confirm who holds legal title. Under North Carolina General Statute…
How do I include and serve a missing heir in a partition action to sell co-owned real property in Northampton County, North Carolina? In a North Carolina special proceeding under N.C. Gen. Stat. § 41-1, co-owners can force the sale of real property when one or more heirs are unknown or unserved. If you discover…
FAQ 1: Why and How to Reopen a Closed Probate Estate in Durham County to Address Ongoing Creditor Claims When an estate in Durham County closes without resolving all creditor claims—like continued withdrawals for a solar-panel loan—the personal representative must reopen probate. North Carolina law permits reopening to protect estate assets and satisfy valid debts.…
