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…
How can I open an estate on behalf of my minor child when a parent dies without a will? – North Carolina Short Answer In North Carolina, the surviving spouse has first priority to open an intestate estate. If the spouse does not apply, you can ask the Clerk of Superior Court to appoint you…
How do I get reimbursed for mortgage and lien payments I made on estate property? – North Carolina Short Answer In North Carolina, you can seek reimbursement by filing a written claim in the estate that explains what you paid, why you paid it, and how it benefited the estate. If the payment was necessary…
What steps do I need to force a sale or partition of the inherited house with my brother? – North Carolina Short Answer In North Carolina, a co-owner can file a partition action with the Clerk of Superior Court to divide or sell inherited real estate when the owners cannot agree. Separately, if the estate…
Can I recover costs for unpaid property taxes or past timber sales from other heirs? – North Carolina Short Answer Yes. In North Carolina, a co-owner (cotenant) who paid necessary carrying costs like property taxes can generally seek contribution from the other heirs in a partition case. Profits one cotenant received from common property (for…
How can I challenge or remove an executor who isn’t fulfilling probate duties or seems incompetent? – North Carolina Short Answer In North Carolina, a beneficiary can ask the Clerk of Superior Court to revoke an executor’s letters if the executor is unqualified, has defaulted on duties (like failing to account), or has mismanaged or…
