Can I object to a settlement reached by the executors without my consent? – North Carolina Short Answer Yes. In North Carolina, the personal representative (executor or administrator) controls the wrongful death claim, but if all competent adult beneficiaries do not consent in writing, a judge must approve any settlement. You can appear and object…
What steps do co-executors need to take to protect heirs’ rights during a wrongful death settlement? – North Carolina Short Answer In North Carolina, co-executors must ensure any wrongful death settlement is approved properly, liens are handled, and proceeds are distributed by statute. If all adult beneficiaries consent in writing, a judge’s approval is usually…
What steps protect my interests during wrongful death mediation and probate? – North Carolina Short Answer In North Carolina, the personal representative controls the wrongful death claim, and any settlement generally needs a judge’s approval unless every adult beneficiary consents in writing. Wrongful death proceeds are not estate assets; after paying approved expenses and required…
What rights do heirs have to demand transparency in a wrongful death lawsuit settlement? – North Carolina Short Answer In North Carolina, the personal representative (executor/administrator) controls the wrongful death claim, but heirs are entitled to transparency about the settlement and distribution. If any beneficiary is a minor or incompetent—or if all competent adult beneficiaries…
How do I hire an independent attorney to review wrongful death releases and insurance policies? – North Carolina Short Answer In North Carolina, only the court‑appointed personal representative controls a wrongful death claim, and a judge must approve any settlement unless all adult beneficiaries consent in writing. As an heir, you may hire your own…
Can I challenge the current attorney if I suspect a conflict of interest with my step-parent? – North Carolina Short Answer Yes. In North Carolina, an heir or co-executor can ask the court to address conflicts in a wrongful death case. You may seek court review of the settlement and releases, compel an accounting, ask…
What should I look for in release and insurance documents for a wrongful death claim? – North Carolina Short Answer In North Carolina, review wrongful death releases and insurance paperwork to confirm: court approval (or written consent from all competent adult beneficiaries), a limited release that does not waive underinsured motorist (UIM) rights, clear allocation…
How can I get an independent attorney to review a wrongful death settlement release before I sign? – North Carolina Short Answer Yes. In North Carolina, a co‑executor may hire separate counsel to independently review a wrongful death settlement and release. A judge must approve the settlement unless every competent adult who would receive the…
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…