How long does the clerk’s office hold surplus funds before sending them to the State Treasurer? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court holds foreclosure surplus funds until a rightful claimant applies. If no one claims the money, court-held funds are generally treated as abandoned about one year after…
What share of sale proceeds am I entitled to after a life estate ends? – North Carolina Short Answer In North Carolina, when a life estate ends, the remaindermen own the property (or the net sale proceeds) as the will directs. If the executor sells the property under a valid power or court order, closing…
Where can I search for unclaimed surplus proceeds with the North Carolina Department of State Treasurer? – North Carolina Short Answer Search NCCash.com, the North Carolina Department of State Treasurer’s official unclaimed property website. If foreclosure surplus funds were turned over to the State Treasurer, they will appear there under the owner’s name. You can…
How can I confirm if the executor had the legal right to sell the house under a life estate? – North Carolina Short Answer In North Carolina, an executor can sell estate real estate only if the will clearly gives that power or if the Clerk of Superior Court authorized a sale to pay debts…
Does a missing or unsigned prenuptial agreement affect the will’s life estate terms? – North Carolina Short Answer No. Under North Carolina law, a prenuptial agreement must be in writing and signed to affect spousal rights. If there is no valid, signed agreement, the will’s life estate terms control unless the surviving spouse timely files…
Can an executor waive commissions while also taking lump-sum sale proceeds? – North Carolina Short Answer Yes. In North Carolina, an executor may waive a commission. But sale proceeds are not the executor’s money to take. Proceeds must be deposited into the estate (or paid out as the court orders) and distributed under the will…
How long does probate usually take if the estate includes rental properties in an LLC? – North Carolina Short Answer In North Carolina, most full probate estates take 9–18 months, and estates with business interests like an LLC often land toward the longer end. You must first qualify as administrator, publish and mail notices to…
Can I get early distributions from the estate to cover expenses before the final distribution? – North Carolina Short Answer Yes, in North Carolina you can receive certain funds before final distribution, but only after you’re lawfully appointed and after paying or reserving for costs, taxes, and valid claims. The fastest option for a surviving…
How do I address false allegations of harassment in a dispute with a joint owner of my car? – North Carolina Short Answer In North Carolina, co-owners who cannot agree about a jointly titled car can file a partition special proceeding with the Clerk of Superior Court. The clerk can divide the property interests or,…
What steps should I take after receiving a demand letter with incorrect buyout figures for our shared vehicle? – North Carolina Short Answer In North Carolina, co-owners of a vehicle can negotiate a buyout, but it should be based on fair market value and accurate payoff or lien information. If the demand letter’s numbers are…
