Tag Archives: Executor

How Does Bankruptcy Affect Estate Planning

By Sabrina Winters

There were recent reports that Wall-Street economist have declared the recession officially over. I am not certain through whose eyes they determined this. I look around and still see far too many families struggling to recover to consider it over.   And while I acknowledge things may be improving on some level, I still find it [...]

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Privacy Advantages of a Living Trust

By Sabrina Winters

I have assisted clients as a wills and trust attorney for over 10 years.  In that time, I have found that many clients do not fully understand the privacy issues that will face their family should they die without a living trust. If you have a Last Will and Testament or no written plan in [...]

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What is a Guardian? What is a Trustee?

By Sabrina Winters

A Guardian and a Trustee have two completely different roles, but may be the same person. A Guardian is named in a Last Will and Testament or a Living Trust.  He or she essentially is nominated to raise the chid or children and make parental decision until the age of 18. A Trustee is appointed [...]

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

By Sabrina Winters

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?

By Sabrina Winters

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?

By Sabrina Winters

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?

By Sabrina Winters

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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20 Item Checklist for Executor in First Month of Appointment

By Sabrina Winters

A portion of the following list is provided to you from the North Carolina Estate Settlement Guide. This is a checklist of what the Executor’s responsibilities are within the first month of being appointed. This is not to be considered legal advise and or a complete checklist of what is required of an Executor. It [...]

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What is a Letter Testamentary/Letter of Administration?

By Sabrina Winters

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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Initial Documents Required to File a Probate in North Carolina

By Sabrina Winters

The initial documents and information that are required by the State of North Carolina to file a Probate are as follows: 1.  The original Last Will and Testament; 2.  All the full names, mailing addresses and ages of each Beneficiary named in the Last Will and Testament; 3.  Application for Letters Testamentary; 4. Oath of Office; 5. Bond (if required); [...]

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