What information should I ask for in writing before agreeing to work with a public administrator? – NC Short Answer In North Carolina, before agreeing to work with a public administrator or making any payment, it is wise to ask for a written explanation of the administrator’s authority, the estate’s current status, the expected fees…
Read moreCan I update my trust with an amendment, or do I need to restate the whole trust? – NC Short Answer In North Carolina, a revocable trust can often be updated with a trust amendment if the change is limited and the trust document allows that method. A full restatement is usually the better choice…
Read moreDo I need to transfer the deed into my trust for the property to be covered by it? – NC Short Answer Usually, yes. In North Carolina, a trust generally controls real property only after title is actually transferred into the trust, which is typically done by recording a new deed that names the trustee…
Read moreCan a new attorney update or continue my estate plan if it was originally drafted through a different firm’s software system? – NC Short Answer Yes. In North Carolina, a new attorney can usually review, update, restate, or replace an estate plan even if another firm drafted the original documents in a different software system.…
Read moreIf the estate doesn’t have enough money to pay all creditors, what happens to medical bills and utility bills after the funeral expenses are paid? – NC Short Answer In North Carolina, an insolvent estate does not pay bills in any order the executor chooses. After costs and expenses of administration, allowed funeral expenses, and…
Read moreWhat happens if I refuse to provide my personal SSN or home address when following up on an EIN application for an estate? – NC Short Answer If a third-party designee refuses to give the IRS the personal identifying information it requires to verify identity, the IRS may stop the call, decline to discuss the…
Read moreCan a funeral home email funeral billing records, and what should be included to show the bill is paid in full? – NC Short Answer Yes, a funeral home in North Carolina can usually email a funeral billing record or receipt if it is sending the document to a person or law firm authorized to…
Read moreWhat is the difference between a trust with pour-over wills and a full estate planning package? – NC Short Answer In North Carolina, a trust with pour-over wills usually covers who receives property through the trust and who handles any assets left outside the trust at death. A full estate planning package goes further by…
Read moreWhat do we need for a trust and wills signing to be valid if we sign remotely, like notary and witnesses? – NC Short Answer In North Carolina, a remote signing can be valid, but the rules are different for wills and trusts. A will still needs the required witnesses, and remote witnessing must follow…
Read moreWhat information do you need from us to draft simple wills for a married couple? – NC Short Answer For a basic will-only plan for a married couple in North Carolina, the main information usually includes each spouse’s full legal name, address, family details, intended beneficiaries, chosen executor, and any guardian choices for minor children.…
Read moreDo life insurance proceeds have to go through probate if the beneficiary designation wasn’t updated and the check is payable to the business? – NC Short Answer Usually not, if a valid living beneficiary is named and the insurer can reissue payment correctly. In North Carolina, life insurance proceeds often pass outside probate, but they…
Read moreCould opening an estate trigger claims by creditors or other people who say they are entitled to the money? – NC Short Answer Yes. In North Carolina, opening an estate can trigger a formal claims process that gives creditors and certain other claimants a chance to assert rights against estate property. If life-insurance proceeds are…
Read moreIf a life insurance check is made payable to a company by mistake, how can it be reissued to the estate or the intended beneficiaries? – NC Short Answer In North Carolina, a life insurance check that was issued to a company by mistake usually is not fixed by simple endorsement alone. The insurer will…
Read moreHow do I set up a medical power of attorney so someone can make healthcare decisions for me if I can’t? – NC Short Answer In North Carolina, a medical power of attorney is usually called a health care power of attorney. It lets an adult name a trusted person to make health care decisions…
Read moreWhat should I do if I receive a letter from another attorney offering to represent me in the same surplus-funds matter? – NC Short Answer In North Carolina, a letter from another attorney does not mean that representation must be changed or that the surplus-funds claim is lost. The first step is to avoid signing…
Read moreOnce the surplus-funds petition is filed, what happens next and how long does it usually take to get a hearing and receive the funds? – NC Short Answer In North Carolina, a surplus-funds claim usually moves first through the clerk of superior court in the county where the foreclosure sale happened. After the petition is…
Read moreWho is allowed to speak with a credit card company about a deceased person’s account during probate, and what proof of authority is typically needed? – NC Short Answer In North Carolina, the person usually allowed to speak with a credit card company about a deceased person’s account during probate is the duly appointed personal…
Read moreCan one heir or co-owner delay the foreclosure case by asking for continuances or saying they’re negotiating? – NC Short Answer Usually, no. In North Carolina, one heir or co-owner does not get to stop or indefinitely delay a foreclosure just by asking for more time or saying negotiations are happening. A clerk or the…
Read moreDo grandchildren inherit a deceased parent’s share of real estate, and does that share get split among all siblings? – NC Short Answer Yes. Under North Carolina intestacy law, if a child of the deceased died before the deceased, that child’s line usually takes that child’s share of the real estate. In most cases, the…
Read moreDoes the executor’s authorization letter to release account information have to be notarized? – NC Short Answer Usually no. Under North Carolina probate practice, an executor generally proves authority with letters testamentary or letters of administration, and a creditor may also ask for a signed written authorization if the executor wants the creditor to speak…
Read moreHow long can a trust company take to approve a trust distribution when they already have the beneficiary paperwork and account information? – NC Short Answer In North Carolina, there is usually no single fixed number of days for a trustee or trust company to approve a beneficiary distribution. The trustee must act in good…
Read moreWhat options do we have to keep the land in the family if a forced sale becomes likely? – NC Short Answer In North Carolina, a family can often avoid a court-ordered sale of jointly owned land by reaching a voluntary deed agreement, asking for mediation, pushing for an actual partition instead of a sale,…
Read moreCan a partition case be avoided if the family reaches an agreement, and what should that agreement include? – NC Short Answer Yes. In North Carolina, a family can often avoid a partition case if all co-owners with an interest in the land reach a clear agreement and sign the documents needed to carry it…
Read moreHow can I find out who has legal authority over a trust or estate and what they’ve done with the assets? – NC Short Answer In North Carolina, the first step is to identify whether the assets are in a probate estate, a trust, or both. For an estate, the clerk of superior court in…
Read more
Articles are a starting point, not legal advice. Talk through the specifics of your case with a North Carolina attorney — the case evaluation is always free.
