News and Articles

Page 178 of 684

Mar 20, 2026

Can I be reimbursed from the estate for funeral costs, attorney fees, and other out-of-pocket expenses I paid while handling the estate? – NC

Can I be reimbursed from the estate for funeral costs, attorney fees, and other out-of-pocket expenses I paid while handling the estate? – NC Short Answer Usually, yes. Under North Carolina probate law, a personal representative can generally seek repayment from estate assets for reasonable funeral costs, approved attorney fees, court costs, and other necessary…

Probate Q&A Series

Mar 20, 2026

What paperwork do I need to prove I have authority to deal with the mortgage and the deed after the homeowner dies? NC

What paperwork do I need to prove I have authority to deal with the mortgage and the deed after the homeowner dies? – NC Short Answer In North Carolina, the document that usually proves authority to deal with a deceased homeowner’s mortgage and estate property is Letters of Administration issued by the Clerk of Superior…

Probate Q&A Series

Mar 20, 2026

Does living in the deceased relative’s house and paying the taxes and bills help my parent become administrator of the estate? – NC

Does living in the deceased relative’s house and paying the taxes and bills help my parent become administrator of the estate? – NC Short Answer Usually not by itself. In North Carolina, the clerk of superior court appoints an estate administrator based mainly on legal priority, qualification, and fitness to serve in an intestate estate,…

Estate Planning Q&A Series

Mar 20, 2026

When does a medical power of attorney take effect, and how does it get used at a hospital or doctor’s office? NC

When does a medical power of attorney take effect, and how does it get used at a hospital or doctor’s office? – NC Short Answer In North Carolina, a medical power of attorney, called a health care power of attorney, usually takes effect only when a physician named in the document, or the attending physician…

Probate Q&A Series

Mar 20, 2026

Can the executor or personal representative apply for the estate EIN directly instead of using a law firm staff member as the designee? NC

Can the executor or personal representative apply for the estate EIN directly instead of using a law firm staff member as the designee? – NC Short Answer Yes. In North Carolina, the executor or administrator can usually apply for the estate EIN directly once that person has authority to act for the estate. Using the…

Probate Q&A Series

Mar 20, 2026

Can the estate still sell the property if there are unpaid medical bills, funeral costs, or credit card debts? NC

Can the estate still sell the property if there are unpaid medical bills, funeral costs, or credit card debts? – NC Short Answer Yes. In North Carolina, an estate can still sell real property even if medical bills, funeral costs, or credit card debts exist or may be filed. The key issue is not whether…

Probate Q&A Series

Mar 18, 2026

What can I do if I think someone has been taking money or property out of a trust without permission? NC

What can I do if I think someone has been taking money or property out of a trust without permission? – North Carolina Short Answer In North Carolina, suspected unauthorized withdrawals or transfers from a trust are usually handled by a trust proceeding asking the court to force transparency and stop further harm. Common first…

Probate Q&A Series

Mar 18, 2026

What should an executor include in a written authorization so a creditor will discuss the deceased person’s account with the executor’s attorney? NC

What should an executor include in a written authorization so a creditor will discuss the deceased person’s account with the executor’s attorney? – North Carolina Short Answer In North Carolina, a creditor will usually talk with the executor’s attorney if the executor signs a written authorization that (1) identifies the estate and the specific account,…

Estate Planning Q&A Series

Mar 18, 2026

What happens to my estate planning file and documents when my attorney leaves a law firm? NC

What happens to my estate planning file and documents when my attorney leaves a law firm? – North Carolina Short Answer In North Carolina, an estate planning “file” usually stays with the law firm that represented the client, even if the drafting attorney leaves. The client can typically choose whether to keep working with the…

Probate Q&A Series

Mar 18, 2026

Do we have to file an estate income tax return when a home is sold by the personal representative during probate? NC

Do we have to file an estate income tax return when a home is sold by the personal representative during probate? – North Carolina Short Answer Often, yes. In North Carolina, if the estate must file a federal fiduciary income tax return (IRS Form 1041) and the estate has North Carolina-source income or income for…

Probate Q&A Series

Mar 18, 2026

What documents does a credit card company usually require to confirm a death and close the account during probate? NC

What documents does a credit card company usually require to confirm a death and close the account during probate? – North Carolina Short Answer In North Carolina, a credit card issuer will usually ask for a certified copy of the death certificate and proof of who has authority to act for the estate, such as…

Probate Q&A Series

Mar 18, 2026

Can the estate or trust move forward with a proposed accounting and distribution plan if the tax returns aren’t finalized yet? NC

Can the estate or trust move forward with a proposed accounting and distribution plan if the tax returns aren’t finalized yet? – North Carolina Short Answer Often, yes—an estate or trust in North Carolina can sometimes make a partial distribution or move forward with a proposed plan before every tax return is finalized. The key…

Probate Q&A Series

Mar 18, 2026

If an heir has been declared incompetent, can they still inherit, and who is allowed to sign paperwork or negotiate on their behalf? NC

If an heir has been declared incompetent, can they still inherit, and who is allowed to sign paperwork or negotiate on their behalf? – North Carolina Short Answer Yes. In North Carolina, an heir who has been declared incompetent can still inherit under the intestate succession rules; incompetency does not, by itself, disqualify someone from…

Estate Planning Q&A Series

Mar 18, 2026

How do I choose the right trustee and decide who the beneficiaries should be? NC

How do I choose the right trustee and decide who the beneficiaries should be? – North Carolina Short Answer In North Carolina, choosing the right trustee and beneficiaries starts with matching the trust’s job to the people involved: the trustee must be able to manage money and property, follow the trust terms, keep records, and…

Probate Q&A Series

Mar 18, 2026

If an estate is insolvent, do sale proceeds from an out-of-state property have to pay the mortgage lender first before anything goes to other creditors? NC

If an estate is insolvent, do sale proceeds from an out-of-state property have to pay the mortgage lender first before anything goes to other creditors? – North Carolina Short Answer Usually, yes. Under North Carolina probate principles, a mortgage is a secured debt tied to the specific property, so the mortgage payoff (and the costs…

Probate Q&A Series

Mar 18, 2026

Can the court approve an insolvency petition that discharges the executor only after the ancillary administration is finished? NC

Can the court approve an insolvency petition that discharges the executor only after the ancillary administration is finished? – North Carolina Short Answer Yes—under North Carolina practice, the Clerk of Superior Court can structure estate orders so the executor is not discharged until the estate is truly ready to close, which often means waiting until…

Probate Q&A Series

Mar 18, 2026

How can I prove I have authority to obtain a decedent’s financial records for probate? NC

How can I prove I have authority to obtain a decedent’s financial records for probate? – North Carolina Short Answer In North Carolina, the most widely accepted way to prove authority to obtain a decedent’s financial records for probate is to provide the financial institution with a certified copy of the personal representative’s Letters Testamentary…

Surplus Funds Q&A Series

Mar 18, 2026

If one of the interested parties has a guardian because they were found incompetent, who has to be served and who can respond on their behalf? NC

If one of the interested parties has a guardian because they were found incompetent, who has to be served and who can respond on their behalf? – North Carolina Short Answer In a North Carolina surplus funds special proceeding, an interested party who has been adjudicated incompetent generally cannot act on their own in the…

Probate Q&A Series

Mar 18, 2026

What paperwork does a credit card company usually require before it will talk to a law office about a deceased account? NC

What paperwork does a credit card company usually require before it will talk to a law office about a deceased account? – North Carolina Short Answer In North Carolina, a credit card company will usually talk to a law office about a deceased person’s account only after it receives proof that a personal representative (executor/administrator)…

Estate Planning Q&A Series

Mar 18, 2026

How can I update my estate plan if the attorney who drafted it left the firm? NC

How can I update my estate plan if the attorney who drafted it left the firm? – North Carolina Short Answer In North Carolina, an estate plan can usually be updated by working with either the original law firm or the attorney who left—what matters is getting the current documents and then making changes using…

Probate Q&A Series

Mar 18, 2026

What legal duties does an executor have, and what can beneficiaries do if the executor mishandles money or property? NC

What legal duties does an executor have, and what can beneficiaries do if the executor mishandles money or property? – North Carolina Short Answer In North Carolina, an executor (also called a “personal representative”) is a fiduciary who must gather and protect estate assets, pay valid debts and expenses, and then distribute what is left…

Probate Q&A Series

Mar 18, 2026

Can we use a realtor’s comparative market analysis to support the fair market value of a house for an estate tax filing? NC

Can we use a realtor’s comparative market analysis to support the fair market value of a house for an estate tax filing? – North Carolina Short Answer Sometimes, but a realtor’s comparative market analysis (CMA) is usually best treated as supporting documentation—not the strongest proof of fair market value for an estate tax filing. For…

Probate Q&A Series

Mar 18, 2026

How do I find out whether a deceased person had a store-branded credit card if the family can’t locate the card or account number? NC

How do I find out whether a deceased person had a store-branded credit card if the family can’t locate the card or account number? – North Carolina Short Answer In North Carolina probate, the practical way to confirm a missing store-branded credit card is to (1) review the decedent’s mail, email, and bank/credit union statements…

Probate Q&A Series

Mar 18, 2026

Can investment accounts be distributed in kind to beneficiaries instead of being liquidated or transferred through a trust company that charges extra fees? NC

Can investment accounts be distributed in kind to beneficiaries instead of being liquidated or transferred through a trust company that charges extra fees? – North Carolina Short Answer Often, yes. Under North Carolina law, a trustee commonly has authority to distribute trust assets “in kind” (meaning the actual securities or account positions) instead of selling…