Category Archives: Executor Responsibilities

20 Item Checklist for Executor in First Month of Appointment

posted: November 27, 2013

You may have been told by a Bank that you need Letters in order to access the account of a loved one.  Probate is the legal process that is required to obtain these Letters and only the Clerk of Court can issue these…not an attorney. A portion of the following list is provided to you directly […]

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What is the Difference Between a Last Will and Testament and a Revocable Living Trust?

posted: November 3, 2010

There are similarities between a Last Will and Testament and a Revocable Living Trust: 1. both pass along specific assets, 2.  both name guardians, 3. both are written,signed and witnessed; 4.  both can be amended and revoked. The differences between both are what sets them apart: A Last Will and Testament, appoints an Executor who […]

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What is an Executor? What is an Administrator?

posted: October 25, 2010

I often receive calls from individuals whom were told by the bank that they need to be appointed as the Executor or Administrator of an Estate before any financial information on the decedent is released; and they want to know what that means.  What is an Executor?  What is an Administrator?  They have the same […]

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How Long Does Probate Take in North Carolina?

posted: October 13, 2010

It is hard to determine the length of time it will take to finalize a Probate or Administration in North Carolina.  There are many determining factors.  Just to name a few: 1. Where are the assets located?  All with one institution or several? 2.  How much time does the appointed Executor or Administrator have to […]

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What is Probate?

posted: October 8, 2010

Probate is a legal procedure required by North Carolina Statutes to distribute the assets of a person who has died with a Last Will and Testament.  If the person did not have  a Last Will and Testament, then the procedure is called an Administration. It is filed in the county where the person resided at […]

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10 Things to Think About Regarding an Executor

posted: September 2, 2010

There are many considerations to be made when either appointing an Executor in a Will or obtaining an appointment as an Executor. There are many valid reasons why a named Executor in a Last Will and Testament may not want to accept the appointment. On the other hand, there are many reasons (both legal and […]

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What is a Letter Testamentary/Letter of Administration?

posted: July 23, 2010

If you have been nominated in a person’s Last Will and Testament as the Executor (the person whom collects the assets and distributes them and manages the estate) you will not be able to perform your duties unless you have been appointed by the Court as the Executor.  Your appointment is reflected through the Letter […]

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Advanced Medical Directives: The Lessons Of Terri Schiavo

posted: November 4, 2009

The Terri Schiavo case involved a seven-year long legal effort by Michael Schiavo to have his wife, Terri Schiavo, who was diagnosed as being in a persistent vegetative state (PVS) for several years, disconnected from life support. Michael, as Terri’s guardian, had entered a do not resuscitate order for her but was convinced by the […]

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Federal Tax Identification Number for an Estate Account

posted: January 12, 2009

Once the Letters Testamentary have been issued by the Clerk of the Court, the Executor is responsible for obtaining what is called a Federal Tax Identification Number (IRS Form SS-4). This number is similar to a Social Security number issued to an Individual person. It will be used when the Executor opens an Estate Account […]

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