What happens if I can’t reach my siblings or they live out of state—can the court move forward and how are they served? – North Carolina Short Answer Yes. In North Carolina, a court can usually move forward in a heirs’ property or partition-type case even if some siblings live out of state or cannot…
Can a plan legally refuse to discuss a deceased person’s account with the estate representative, and what should I do next if they do? – North Carolina Short Answer In North Carolina, a pension plan often can refuse to discuss details with someone who is not clearly authorized to act for the estate or the…
How can I see my late parent’s will if the surviving spouse refuses to show it and I don’t know whether probate has been opened? – North Carolina Short Answer In North Carolina, the will becomes a court record once it is filed and admitted to probate by the Clerk of Superior Court, and it…
Can a life insurance company deny a beneficiary payout for a lapse or minimum-term issue, and how can I get the policy and challenge the decision? – North Carolina Short Answer Yes. In North Carolina, a life insurance company can deny a beneficiary payout if the policy was not in force when the insured died…
How can I satisfy a bank’s online notarization requirements if the signer is overseas? – North Carolina Short Answer In North Carolina, a signer who is overseas can often satisfy a bank’s “online notarization” requirement by using a North Carolina electronic notary who is registered to perform remote electronic notarizations (RON) and who uses approved…
How can I verify which assets transfer automatically to the spouse and which require court paperwork? – North Carolina Short Answer In North Carolina, some assets pass to a surviving spouse automatically because of how they are titled or because a beneficiary is named (for example, many joint accounts with survivorship, POD/TOD designations, and retirement…
What documents do I need so the mortgage lender will speak with me, provide a payoff, and let me handle the sale of the house? – North Carolina Short Answer In North Carolina, a mortgage lender will usually talk to someone other than the borrower only after receiving proof of legal authority (most commonly Letters…
How do I request extra certified copies of the will or my executor paperwork if a court, bank, or insurer asks for them? – North Carolina Short Answer In North Carolina, extra certified copies usually come from the Clerk of Superior Court (Estates) in the county where the estate was opened. The request is typically…
Can I have my siblings sign a document to give up their interest, and what kind of deed or form is typically used? – North Carolina Short Answer Yes. In North Carolina, co-heirs who inherited an undivided interest in land can usually sign a deed (most commonly a quitclaim deed) to transfer their inherited interest…
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…
