How can I file a petition to recover foreclosure surplus funds in North Carolina without returning in person?: Practical steps under North Carolina law

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…

How does a surviving spouse’s year’s allowance filing affect my child’s inheritance rights?

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…

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

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…

What steps do I need to force a sale or partition of the inherited house with my brother?: Clear steps under North Carolina probate and property law

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…

How can I challenge or remove an executor who isn’t fulfilling probate duties or seems incompetent?: North Carolina

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…