Hello ,

It’s spooky season — and while ghosts and goblins might be haunting your neighborhood, we want to warn you about a real kind of monster that could be lurking in your financial life: probate vampires 🧛‍♀️.

These “vampires” are the creditors and claimants that swoop in after a loved one’s passing, looking to drain your estate’s assets during probate. But here’s the good news — you can protect your estate and keep those bloodsuckers at bay with a few smart strategies.

💀 1. Start with a Notice to Creditors

When someone passes away, publishing a Notice to Creditors in a local newspaper starts the countdown clock. Creditors have a limited time to make claims — so the sooner you file, the sooner those spooky deadlines start ticking down.

🏠 2. Take Inventory of Assets

A clear estate inventory is like garlic for vampires — it keeps trouble away. List out all property, accounts, and valuables so you know exactly what’s in the estate (and what’s vulnerable to creditors).

💳 3. Separate Estate Funds from Personal Funds

Always open a dedicated estate bank account. Mixing estate money with personal funds can cause confusion, legal headaches, and even expose your own money to creditor claims.

⚖️ 4. Challenge Invalid or Suspicious Claims

Not every claim is legitimate! If something doesn’t look right — say, the wrong “John Smith” — North Carolina law allows you to object or dispute it. Don’t assume every bill must be paid.

💰 5. Negotiate When Possible

Here’s a little secret: creditors can be flexible. Sometimes they’ll accept a reduced settlement amount if you offer quick payment. (It never hurts to ask — the worst they can say is no!)

🚗 6. Stay Current on Secured Debts

Mortgages, car loans, and other debts with collateral can lead to foreclosure or repossession if not paid. Executors should keep these payments up to date to prevent unnecessary losses.

🔒 7. Use Non-Estate Funds to Protect Assets

Funds like life insurance proceeds or joint accounts can be used to maintain estate property. This helps prevent key assets (like a family home) from being pulled into probate or sold to satisfy creditors.

🌙 The Best Protection: Avoid Probate Altogether

Want to make your estate vampire-proof?
An experienced estate planning attorney can help you avoid probate entirely through tools like:

• Trusts
• Lady Bird Deeds
• Transfer-on-death designations

These strategies keep assets outside probate — and safely out of reach from creditors.

Thank you for reading our e-newsletter dedicated to protecting your assets and planning for long-term care. We look forward to assisting you with strategic legal solutions that ensure your peace of mind.

Greg McIntyre

Elder Law & Estate Planning Attorney 

P.S. Sharing is caring! Forward this newsletter to someone who may benefit from understanding the power of Revocable Living Trusts.