Category Archives: Probate Q&A Series

What can I do if someone has my spouse’s vehicle but the estate has the title and I don’t know the payment agreement or whether they finished paying? nc

What can I do if someone has my spouse’s vehicle but the estate has the title and I don’t know the payment agreement or whether they finished paying? – North Carolina Short Answer In North Carolina, the personal representative (estate administrator) generally has the authority and responsibility to identify, protect, and collect estate property, including…

How do I document account ownership for older bank accounts when the bank says it no longer has the opening paperwork? nc

How do I document account ownership for older bank accounts when the bank says it no longer has the opening paperwork? – North Carolina Short Answer In North Carolina probate, the cleanest way to document ownership and “who gets the account at death” is the bank’s account agreement or signature card. If the bank no…

How do I find out whether I’m named as a beneficiary in a deceased sibling’s will? nc

How do I find out whether I’m named as a beneficiary in a deceased sibling’s will? – North Carolina Short Answer In North Carolina, the most reliable way to find out whether a deceased sibling named someone as a beneficiary is to check whether the will has been filed or probated with the Clerk of…

If my spouse had medical debts, do those creditors have to be paid before any money can go to our children as heirs? nc

If my spouse had medical debts, do those creditors have to be paid before any money can go to our children as heirs? – North Carolina Short Answer In North Carolina, a deceased person’s valid debts (including medical bills) generally must be addressed in the estate before heirs receive what is left. However, North Carolina’s…

What can I do if the homeowners or renters insurance company says the policy was canceled and refuses to cover cleanup needed to access the home? nc

What can I do if the homeowners or renters insurance company says the policy was canceled and refuses to cover cleanup needed to access the home? – North Carolina Short Answer In North Carolina, the first step is to get written proof of the alleged cancellation (the cancellation date, reason, and the notice the insurer…

How do I find out whether probate has been opened and who the executor is? nc

How do I find out whether probate has been opened and who the executor is? – North Carolina Short Answer In North Carolina, probate (estate administration) is handled through the Clerk of Superior Court in the county where the estate is opened. To find out whether an estate has been opened and who has authority…

What happens if a medical provider files a claim against the estate but insurance says it should be paid and nobody confirms it was actually paid? nc

What happens if a medical provider files a claim against the estate but insurance says it should be paid and nobody confirms it was actually paid? – North Carolina Short Answer In North Carolina, a medical provider’s timely claim against an estate does not disappear just because insurance “should” pay it. Until the personal representative…

How does a surviving spouse’s year’s allowance work, and does it protect inheritance money from the deceased spouse’s creditors? nc

How does a surviving spouse’s year’s allowance work, and does it protect inheritance money from the deceased spouse’s creditors? – North Carolina Short Answer In North Carolina, a surviving spouse can claim a statutory “year’s allowance” (currently valued at $60,000) from the decedent’s estate for one year of support, and it is designed to be…

How do I move the deceased person’s bank accounts into the estate account and what statements do I need to keep for the final accounting? nc

How do I move the deceased person’s bank accounts into the estate account and what statements do I need to keep for the final accounting? – North Carolina Short Answer In North Carolina, the administrator typically opens an estate checking account using the estate’s tax ID number, then works with each financial institution to retitle…

How do I file something in probate to stop a proposed executor from acting before they’re officially appointed? nc

How do I file something in probate to stop a proposed executor from acting before they’re officially appointed? – North Carolina Short Answer In North Carolina, a person does not have authority to act as executor (personal representative) until the Clerk of Superior Court issues letters (letters testamentary or letters of administration). If someone is…