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Probate Q&A Series ·

Do I still need to sign the authorization if I’m sure there aren’t any accounts under the old creditor name? – NC

Do I still need to sign the authorization if I’m sure there aren’t any accounts under the old creditor name? – NC Short Answer Usually, yes. In a North Carolina probate matter, signing a limited authorization can help the personal representative or attorney confirm whether any account, balance, or claim still exists under the old…

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Probate Q&A Series ·

How do creditor claims affect a transfer of inherited real estate, and what can I do to reduce the risk of a later claim against the property? – NC

How do creditor claims affect a transfer of inherited real estate, and what can I do to reduce the risk of a later claim against the property? – NC Short Answer In North Carolina, creditor claims can affect a transfer of inherited real estate, especially during the first two years after death. If a personal…

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Wrongful Death ·

What happens if the insurance company is undervaluing my claim because of preexisting medical conditions or unfair bias? – NC

What happens if the insurance company is undervaluing my claim because of preexisting medical conditions or unfair bias? – NC Short Answer In North Carolina, an insurance company does not get to reduce a crash claim simply because the injured person had medical problems before the collision. The key question is whether the wreck caused…

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What’s the difference between a durable power of attorney and a medical power of attorney, and when does each one take effect? NC

What’s the difference between a durable power of attorney and a medical power of attorney, and when does each one take effect? – NC Short Answer In North Carolina, a durable power of attorney usually covers financial and property matters, while a medical power of attorney, called a health care power of attorney, covers medical…

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What happens if my parents don’t sign powers of attorney and there’s an emergency where someone needs to make decisions for them? – NC

What happens if my parents don’t sign powers of attorney and there’s an emergency where someone needs to make decisions for them? – NC Short Answer In North Carolina, if parents do not sign financial and health care powers of attorney before they lose capacity, family members usually do not get automatic authority to make…

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Probate Q&A Series ·

How can an estate representative authorize a law firm to request bank records without having to appear in person each time? – NC

How can an estate representative authorize a law firm to request bank records without having to appear in person each time? – NC Short Answer In North Carolina, the personal representative usually can authorize a law firm in writing to request estate bank records on the estate’s behalf, so the representative does not have to…

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Probate Q&A Series ·

Can a bank refuse to provide estate account documents even if I have a signed authorization from the estate representative? – NC

Can a bank refuse to provide estate account documents even if I have a signed authorization from the estate representative? – NC Short Answer Yes. In North Carolina, a bank may insist on dealing directly with the duly appointed personal representative or may require its own internal process before releasing a deceased customer’s account records.…

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Attorney Jared Pierce
Attorney Jared Pierce
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