Do joint accounts and POD accounts belong on the estate inventory, and how do they affect beneficiary shares? – North Carolina Short Answer In North Carolina, true joint accounts with right of survivorship and properly created payable-on-death (POD) accounts usually pass outside the will, so they generally do not increase what beneficiaries receive under the…
How quickly can the court approve a temporary allowance or interim funds for my parent while the estate is pending? – North Carolina Short Answer In North Carolina, a “year’s allowance” (often called a family allowance) is handled by the Clerk of Superior Court and can sometimes be approved quickly once a proper petition is…
How do I properly document and respond to a creditor’s claim without waiving defenses? – North Carolina Short Answer In North Carolina probate, the safest approach is to (1) require the creditor to submit a proper written claim, (2) acknowledge receipt in writing without admitting liability, and (3) preserve defenses by avoiding statements or paperwork…
How do I complete the estate inventory if I don’t have bank statements yet? – North Carolina Short Answer In North Carolina, the personal representative should file the estate Inventory by the deadline using the best information available, then correct or add information once the bank provides statements. The Inventory should be as complete as…
How do I schedule a court hearing for a year’s allowance when my spouse’s death certificate wrongly says they were divorced? – North Carolina Short Answer In North Carolina, a year’s allowance (often called a “year’s support”) is handled through the Clerk of Superior Court in the county where the estate is administered. If the…
Can they intercept the life insurance check before I receive it, or only after I deposit it? – North Carolina Short Answer In North Carolina, most life insurance proceeds paid to a named beneficiary are paid directly by the insurance company and do not go through probate. That means there is usually no automatic “intercept”…
How do I open an estate account at a brokerage to move a deceased person’s stocks into the estate? – North Carolina Short Answer In North Carolina, a brokerage usually will not let anyone trade, sell, or transfer a deceased person’s “street name” brokerage account until the account is retitled into an estate account under…
What happens if my bank puts a long hold on an estate distribution check, and are there ways to speed up funds availability? – North Carolina Short Answer In North Carolina, a bank can place a hold on a deposited estate distribution check while it verifies the item and manages fraud and return risk. A…
How can I confirm whether a stepchild who was never adopted is legally considered an heir to a stepparent’s estate? – North Carolina Short Answer In North Carolina, a stepchild is usually not an “heir” of a stepparent for intestate (no-will) inheritance unless the stepchild was legally adopted by the stepparent (or a narrow court-recognized…
Does receiving a property tax bill in my name or “in care of” make me an owner or legally responsible for the taxes? – North Carolina Short Answer No. In North Carolina, a property tax bill addressed in a person’s name (including “in care of”) does not, by itself, transfer title or prove ownership. Counties…
