How do I discover what assets my parent left and whether any funds remain? – North Carolina Short Answer In North Carolina, you learn what your parent owned by opening or monitoring the estate with the Clerk of Superior Court in the county where your parent lived. The personal representative must file an inventory within…
Can I petition to open my parent’s estate if I can’t find a will or filing? – North Carolina Short Answer Yes. In North Carolina, an interested heir (like an adult child) may apply with the Clerk of Superior Court in the county where the parent lived to open the estate and be appointed administrator…
How can I check if an estate has been filed for my parent in North Carolina? Short Answer In North Carolina, estate filings are handled by the Clerk of Superior Court, Estates Division, in the county where your parent lived at death. Call or visit that clerk’s office and ask them to search for an…
Does my former spouse still have any claim to the surplus funds after our divorce closed without a claim? – North Carolina Short Answer Under North Carolina law, foreclosure surplus funds are paid first to junior lienholders of record and then to the owner(s) of record at the time of sale. A former spouse has…
What documents prove my right to surplus funds after refinancing nullified the deed of trust? – North Carolina Short Answer In North Carolina, you prove your right to foreclosure surplus by showing you were the record owner at the time of sale and that any senior liens have been paid or released. Bring certified Register…
How can I file a petition to recover foreclosure surplus funds in North Carolina without returning in person? – North Carolina Short Answer Yes. In North Carolina, surplus funds from a completed foreclosure are held by the Clerk of Superior Court in the county where the sale occurred. You can file a notarized petition (or…
What steps can I take to locate the decedent’s bank accounts, insurance, or retirement benefits for my child? – North Carolina Short Answer In North Carolina, the personal representative (PR) of the estate must identify all assets and file a 90-day inventory with the Clerk of Superior Court. If no one has opened the estate,…
How does a surviving spouse’s year’s allowance filing affect my child’s inheritance rights? – North Carolina Short Answer In North Carolina, a surviving spouse can claim a year’s allowance from the decedent’s personal property, which comes off the top before heirs receive intestate shares. Your minor child also has a separate, smaller year’s allowance that…
Can my child claim a share of the former marital home or any rental income from it? – North Carolina Short Answer In North Carolina, a child can claim a share of the former marital home only if the deceased parent owned an interest that passed by intestacy. If the home was owned as tenants…
What rights does my child have to the car now titled in the surviving spouse’s name and subject to a deficiency judgment? – North Carolina Short Answer In North Carolina, title controls ownership. If the surviving spouse retitled the vehicle into their name, your child does not automatically own it. However, if the car belonged…
