Can multiple heirs file separate claims for the same surplus funds? – North Carolina Short Answer Yes. In North Carolina, more than one person can file a claim to the same surplus funds from a property sale, but the Clerk of Superior Court (or the foreclosure trustee) will resolve all competing claims in a single…
How do I prove eligibility to receive surplus proceeds in a closure file? – North Carolina Short Answer In North Carolina, you prove eligibility to surplus proceeds from a foreclosure by filing a motion or petition in the foreclosure file with the Clerk of Superior Court, showing who you are, why you have priority, and…
Do proceeds need to flow through the estate bank account or can I have checks cut directly to the trust and beneficiaries? – North Carolina Short Answer In North Carolina, money from probate assets typically should be deposited into the estate’s fiduciary bank account and disbursed from that account after paying valid claims and expenses.…
How do I obtain and file satisfactions of claim from creditors to finalize the estate? – North Carolina Short Answer In North Carolina, the executor gathers and reviews creditor claims after publishing and mailing the required notice, pays valid claims in the statutory order, and obtains written proof each claim is satisfied (paid-in-full letter, zero-balance…
How can I sell a jointly owned property as executor to pay estate debts and close probate? – North Carolina Short Answer In North Carolina, an executor can sell real estate to pay valid estate debts if the will gives sale authority or by getting an order from the Clerk of Superior Court in a…
Can I direct sale proceeds to creditors myself and keep them out of the estate account? – North Carolina Short Answer Usually, no. In North Carolina, an executor should deposit estate receipts into a dedicated estate bank account, then pay allowed claims in the statutory order after the creditor period. Limited exceptions apply: closing attorneys…
What happens if my spouse accuses me of adultery during divorce proceedings? – North Carolina Short Answer In North Carolina, an accusation of adultery (called illicit sexual behavior) can directly affect alimony. If a dependent spouse committed it before separation, alimony is generally barred; if the supporting spouse committed it, alimony is generally required. The…
How should I prepare for a mediation session involving abandonment allegations? – North Carolina Short Answer In North Carolina, prepare by organizing facts that address what “abandonment” means—ending cohabitation willfully, without the other spouse’s consent, without justification, and with no intent to return. Also assess any adultery issues because “illicit sexual behavior” can affect alimony.…
What evidence do I need to show I left the marital home for just cause? – North Carolina Short Answer In North Carolina, you show “just cause” to leave by proving your spouse’s conduct made continued cohabitation unsafe or intolerable (for example, violence, threats, severe harassment, or serious infidelity-related misconduct) and that you left because…
Do adult heirs have to comply with executor requests for personal data without a court order? – North Carolina Short Answer Generally, no. In North Carolina, an adult heir does not have to give an executor passwords or other personal data just because the executor asks. If the heir holds estate property or records, the…
