Can I recover funeral expenses through the wrongful death settlement? – North Carolina Short Answer Yes. In North Carolina, reasonable funeral and burial expenses can be paid from the wrongful death recovery before the remainder is distributed to beneficiaries. A judge must approve the settlement and distribution when minors are involved, and the personal representative…
What exactly does a guardian ad litem do in a wrongful death case for minors? – North Carolina Short Answer In North Carolina, a guardian ad litem (GAL) is an independent advocate the court appoints to protect minor beneficiaries’ interests in a wrongful death case. The GAL reviews liability and damages, weighs any settlement, and…
How do liens from Medicare, Medicaid, and EMS get paid out of a wrongful death settlement? – North Carolina Short Answer In North Carolina, wrongful death proceeds are not estate assets, but they must first cover litigation costs and approved attorney’s fees, then certain medical and burial expenses before any distribution to heirs. Medicare must…
How can I protect my Medicaid and Medicare benefits when accepting a settlement payment? – North Carolina Short Answer In North Carolina, Medicare and Medicaid usually must be repaid from a wrongful death settlement before any money goes to heirs. Do not take your share in cash if you receive means-tested benefits. Instead, resolve Medicare/Medicaid…
Why is it necessary to open an estate if the decedent had no assets besides the wrongful death claim? – North Carolina Short Answer In North Carolina, only a court‑appointed personal representative can file and settle a wrongful death claim, receive the money, and distribute it by law. Even if the decedent had no other…
What steps are required to deposit a wrongful death settlement into an estate account? – North Carolina Short Answer In North Carolina, you must open an estate and have a personal representative (executor or administrator) or collector appointed before you can deposit a wrongful death settlement. After you get legal “Letters,” obtain an EIN, open…
How do I open a probate estate in North Carolina to receive wrongful death proceeds? – North Carolina Short Answer In North Carolina, a wrongful death recovery must be received and distributed by a court‑appointed personal representative through an estate account. You open a probate file with the Clerk of Superior Court in the decedent’s…
How can I open my daughter’s estate in North Carolina to pursue her wrongful death claim? – North Carolina Short Answer In North Carolina, only a court-appointed personal representative (or collector) can bring and settle a wrongful death claim. You open an estate with the Clerk of Superior Court in the county of your daughter’s…
What do I need to qualify as personal representative of my daughter’s estate? – North Carolina Short Answer In North Carolina, you qualify by applying with the Clerk of Superior Court in the county where your daughter lived, showing you are eligible to serve, taking an oath, and addressing any bond requirement. For wrongful death…
How do I handle any assets or savings my daughter had when she passed away? – North Carolina Short Answer In North Carolina, you open an estate and have the Clerk of Superior Court appoint a personal representative (administrator) to handle your daughter’s assets in her name. Only a duly appointed personal representative can pursue…