How Can I Remove a Trustee from a Family Trust in North Carolina? In North Carolina, beneficiaries may seek the removal of a trustee when there is a breach of fiduciary duty, mismanagement of assets, or prolonged neglect of responsibilities. For example, if a trustee has abandoned the family property, failed to pay taxes, or…
Can Probate Proceedings Be Moved from One State to Another? Probate proceedings generally must be handled in the state where the decedent was a resident at the time of their death. In the situation described, the probate estate opened in Virginia must continue in Virginia, regardless of whether subsequent property (for example, real estate in…
Can I Arrange a Payment Plan for Probate Administration Services? Many families in North Carolina ask if they can set up a payment plan for handling probate matters. In probate cases, children who help manage their deceased parents’ estate sometimes face financial challenges up front. A payment plan allows them to spread out the cost…
Can an Heir Acknowledge Receipt of Estate Assets When Bankruptcy Proceedings Are Ongoing? In North Carolina, an heir may receive and acknowledge certain estate assets even if related bankruptcy matters are pending. The probate process remains governed by state law (see North Carolina General Statutes for applicable statutes). In this situation, an heir who receives…
What happens to a pension benefit when a pensioner passes away? When a pensioner dies in North Carolina, the plan administration process follows the instructions set forth by the pension plan documents. Typically, the plan designates a beneficiary who will receive the pension benefits. North Carolina law requires that once the death certificate is received,…
What is the Letter Needed to Access a Deceased Parent’s Safe Deposit Box? In North Carolina, family members seeking to access a deceased parent’s safe deposit box sometimes require more than a power of attorney. In many cases – as discussed during our call – a probate attorney can prepare a letter that confirms your…
Do I Need to Open a Probate Estate When Assets Are Jointly Held or Have Beneficiary Designations? In North Carolina, it is common to avoid probate when assets are held with a right of survivorship or have designated beneficiaries. For example, if a vehicle or a bank account (like the Eagle Bank account mentioned) is…
How Do I File for an Extension of Time to Submit the Final Account in Probate? In North Carolina probate, filing an extension of time for submitting the final account is sometimes necessary to ensure accuracy and completeness. A clerk’s note may require additional documentation or a clarification of the estate’s financial transactions before approving…
Can I Become the Administrator if I Have Already Signed a Renunciation? In North Carolina, if you have signed a renunciation of your right to act as the administrator, you will not be able to later assume that role over the estate. A renunciation voluntarily gives up your right to administer and manage probate affairs,…
What Documentation is Required for Finalizing Probate Estate Accounting? When finalizing a probate estate in North Carolina, it is essential to gather and submit specific financial documents to ensure that the court’s requirements are met. A typical administrative request includes copies of canceled or non-canceled check images and detailed bank account statements covering the recent…
