Explore our informative articles, insights, and updates focused on North Carolina Estate Administration, Estate Planning, Partition Actions, and Surplus Fund cases. Our goal is to make these complex topics accessible, offering you guidance and understanding at each step of the legal process. Whether you’re looking to navigate probate administration, protect your assets through careful planning, understand partition actions, or resolve issues with surplus funds, our articles are designed to empower you with practical advice, legal insights, and actionable steps. Stay informed and feel confident as you make decisions about your estate and legal matters.
Can I sign an affidavit to confirm the handwriting on my spouse’s will? – North Carolina Short Answer Yes. In North Carolina, when an attested will is not self-proved and the subscribing witnesses are unavailable (for example, because they have died), the Clerk of Superior Court may accept affidavits from people familiar with the handwriting…
Can I start collecting my medical bills and records while the insurer reviews liability? – North Carolina Short Answer Yes. In North Carolina, you (or your attorney) can request your own medical records and itemized bills at any time using a HIPAA-compliant authorization. Doing this does not admit fault or harm your claim; it preserves…
What happens if the insurer still refuses to accept liability after the affidavit and representation letter? – North Carolina Short Answer In North Carolina, an insurer’s refusal to accept liability does not stop your claim. You may continue building your evidence and file a lawsuit against the at-fault party; the insurer will typically defend that…
Can I still claim lost wages later if I didn’t seek them initially? – North Carolina Short Answer Usually yes—under North Carolina law you can add a lost‑wage claim later if you have not signed a settlement release and you are still within the filing deadline. If a lawsuit is already filed, courts generally allow…
How can I document my chiropractic treatment expenses for my back and knee injuries? – North Carolina Short Answer In North Carolina, document chiropractic expenses with itemized bills, treatment records that show why care was needed, and proof of what was actually paid and what remains due. State evidence rules limit proof of past medical…
What medical records and bills do I need to support my personal injury demand? – North Carolina Short Answer In North Carolina, your demand should include the complete medical records and itemized bills from every provider who treated your injuries, plus proof of what your health insurer actually paid and any balances still owed. Include…
How can I handle a debt discharge with the SBA that creates taxable income for my estate? – North Carolina Short Answer In North Carolina, a personal representative must pay estate expenses in the statutory order, with costs of administration first and federal claims (like an SBA claim) high in priority. A debt discharge can…
What steps do I need to prepare and file estate and corporate tax returns after a debt discharge? – North Carolina Short Answer In North Carolina, the personal representative must gather prior tax records, determine where any cancellation of debt income belongs (estate vs. company), and file the decedent’s final individual returns and the estate’s…
Can I settle an SBA claim against the estate when its assets are largely illiquid? – North Carolina Short Answer Yes. In North Carolina, a personal representative may negotiate and settle creditor claims, including an SBA debt, but must follow the state’s claims‑priority rules and protect all interested parties. When the estate is illiquid, you…
What do I need to do to close an estate when creditors might still issue a 1099 next year? – North Carolina Short Answer In North Carolina, you can close an estate only after all claims are paid or adequately provided for and the Clerk of Superior Court approves your final account. If a creditor…
What information do I need to provide to my health insurer to open a subrogation claim? – North Carolina Short Answer In North Carolina, you typically open a health plan subrogation or reimbursement claim by sending the plan’s recovery unit a written notice with key claim details: who was injured, when and how the crash…
How can I handle a health insurer’s subrogation lien after settling my personal injury case? – North Carolina Short Answer In North Carolina, resolve liens before you disburse settlement funds. Confirm who has a lawful right to reimbursement (medical providers, Medicaid, Medicare, the State Health Plan, or a private/ERISA health plan), verify the amounts and…
Can I list and sell a decedent’s property without court approval to satisfy debts? – North Carolina Short Answer In North Carolina, a personal representative may sell a decedent’s real property without court approval only if the will clearly authorizes a sale (for example, an express power of sale or incorporation of statutory powers) and…
How do I open probate for both parents when neither left a will and one served as personal representative of the other’s estate? – North Carolina Short Answer In North Carolina, you open two intestate estates: (1) appoint a successor administrator de bonis non to finish the first parent’s estate (because the prior personal representative…
How do I properly deposit life insurance payouts into a parent’s estate during probate? – North Carolina Short Answer In North Carolina, deposit life insurance funds into an estate only if that estate is the named beneficiary on the policy. The personal representative must open an estate bank account using the estate’s EIN, claim the…
How do I use proceeds from the sale of estate property to pay off a creditor’s claim? – North Carolina Short Answer In North Carolina, a personal representative may use sale proceeds to pay valid estate debts, but only after securing authority to sell, completing a proper sale, and applying the proceeds in the statutory…
Am I entitled to reimbursement for mileage and other out-of-pocket expenses under my uninsured motorist policy? – North Carolina Short Answer Yes—if you can prove the expenses were reasonably necessary and caused by the crash, uninsured motorist (UM) coverage can pay them because UM pays the damages you are legally entitled to recover from the…
Can I recover pain and suffering under my uninsured motorist coverage after workers comp payments? – North Carolina Short Answer Yes. In North Carolina, uninsured motorist (UM) coverage pays the damages you are legally entitled to recover from an uninsured at-fault driver, which includes pain and suffering. However, you cannot be paid twice for the…
What should I do if the insurer says they won’t duplicate payments for medical expenses? – North Carolina Short Answer In North Carolina, uninsured motorist (UM) insurers can rely on policy language that prevents paying the same medical expense twice if another source, like workers’ compensation, already paid it. You should verify the insurer’s offsets…
What steps can I take to challenge my sibling being named executor if they try to disinherit me? – North Carolina Short Answer In North Carolina, you can challenge your sibling’s appointment by filing a verified petition with the Clerk of Superior Court to deny or revoke their letters and, if a will is involved,…