If I already closed the accounts and distributed the remaining money, do I still have to file an inventory and final accounting? NC

If I already closed the accounts and distributed the remaining money, do I still have to file an inventory and final accounting? – North Carolina Short Answer Usually, yes. In North Carolina, a personal representative generally must file the estate inventory and later file a final account with the Clerk of Superior Court, even if…

Can a reverse-mortgage lender foreclose if the family or estate was not properly notified, and is there anything that can be done after the sale? NC

Can a reverse-mortgage lender foreclose if the family or estate was not properly notified, and is there anything that can be done after the sale? – North Carolina Short Answer In North Carolina, a reverse-mortgage lender can foreclose after the loan becomes due (often after the borrower’s death), but the foreclosure must follow North Carolina’s…

What documentation does the probate court typically accept to show an account is individually owned and not payable on death? NC

What documentation does the probate court typically accept to show an account is individually owned and not payable on death? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (probate) typically accepts the brokerage firm’s official titling/registration records to show whether an account is individually owned and whether it has a…

What happens if the notice to creditors period already ended and we later discover additional estate assets like bank accounts? NC

What happens if the notice to creditors period already ended and we later discover additional estate assets like bank accounts? – North Carolina Short Answer In North Carolina, finding new estate assets after the notice-to-creditors period ends usually does not “restart” the creditor deadline. If the estate is still open and the personal representative has…

If a brokerage account has no beneficiaries, does it have to go through probate before it can be transferred? NC

If a brokerage account has no beneficiaries, does it have to go through probate before it can be transferred? – North Carolina Short Answer In North Carolina, a brokerage account that is owned only in the decedent’s name and has no transfer-on-death (TOD) beneficiary generally becomes an estate asset and is typically handled through the…

If the home passed automatically to a spouse because of the deed, does it still need to be listed anywhere in the estate paperwork? NC

If the home passed automatically to a spouse because of the deed, does it still need to be listed anywhere in the estate paperwork? – North Carolina Short Answer Usually, no. In North Carolina, a home titled so it passes automatically to the surviving spouse (most commonly as tenants by the entirety) is generally not…