Can I assert a right of survivorship interest under the deed to get a larger share of the surplus funds? — North Carolina Short Answer Yes—if your deed clearly created a right of survivorship (for example, a deed to spouses as tenants by the entirety or a deed stating “joint tenants with right of survivorship”),…
What steps do I need to file a motion to determine my right to surplus money after my mom’s property was foreclosed? — North Carolina Short Answer In North Carolina, any surplus from a foreclosure sale is paid first to junior lienholders in order of priority and then to the owner (or the owner’s estate).…
How can I claim surplus funds from a tax foreclosure sale on my mother’s house in North Carolina? — North Carolina Short Answer In North Carolina, any money left over after a tax foreclosure sale—after taxes, costs, and valid liens are paid—is called “surplus” and generally belongs to the property owner. If the owner has…
How do I document a repossessed vehicle when settling a loved one’s estate? — North Carolina Short Answer In North Carolina, list any vehicle the decedent owned on the date of death in the 90‑day inventory with its fair‑market value and full identifying details, even if a lender later repossesses it. Keep the lender’s repo…
Can funds held in trust be released if the deed hasn’t been recorded yet? — North Carolina Short Answer Generally, no. In North Carolina, a settlement agent should not disburse real estate closing funds from a trust/escrow account until the deed (and any deed of trust) is recorded and funds are collected. This protects title…
Can I amend the probate inventory to reflect lower values for estate cars sold in poor condition? — North Carolina Short Answer In North Carolina, the probate inventory must show each asset’s fair market value as of the date of death. You may file a supplemental inventory to correct a value that was erroneous or…
What happens if my sibling claims I mismanaged estate assets because I sold our dad’s car? — North Carolina Short Answer In North Carolina, a qualified personal representative (executor or administrator) may sell a decedent’s personal property, including a car, without a court order so long as they act prudently, avoid self-dealing, and deposit the…
What is the process for transfering my parent’s car title to my other parent in a small estate when we don’t have the original title? — North Carolina Short Answer In North Carolina, you can usually retitle a deceased parent’s car to the surviving parent without a full probate by using one of three small‑estate…
How do I challenge or dismiss a petition for possession and control of estate property in probate? — North Carolina Short Answer In North Carolina, you challenge a petition by filing a timely written response and appearing at the clerk’s hearing to contest the petitioner’s proof. For real estate, the personal representative (PR) must show…
Should we open probate in Virginia or North Carolina if my parent died in Virginia but was living in North Carolina? — North Carolina Short Answer If your parent was domiciled (had their permanent home) in North Carolina at death, open the primary probate in North Carolina, even if the death occurred in Virginia. If…
