Can I have a guardian ad litem appointed for unknown or unlocatable heirs in a partition action? — North Carolina Short Answer Yes. In a North Carolina partition action, the clerk of superior court can appoint a guardian ad litem (GAL) to represent heirs or co-owners whose identities or locations are unknown after you show…
How can I claim surplus funds after a foreclosure of my deceased parent’s property when their estate was never probated? — North Carolina Short Answer In North Carolina, any surplus from a power-of-sale foreclosure must be paid to the person entitled after costs, the foreclosing debt, and junior liens are satisfied. If the owner has…
What steps do I need to file the special proceeding notice to recover foreclosure surplus funds? — North Carolina Short Answer In North Carolina, surplus funds from a power-of-sale foreclosure are deposited with the Clerk of Superior Court after the sale becomes final. To claim them, you open a new special proceeding (SP) file, file…
Do I need to open a probate estate before I can recover surplus funds? — North Carolina Short Answer Not always. In North Carolina, if the former owner is alive, they can usually claim foreclosure surplus funds directly through the foreclosure file without opening probate. If the owner has died, someone with legal authority must…
How do I transfer my inherited membership interest in a single-member LLC after probate? — North Carolina Short Answer In North Carolina, a deceased owner’s LLC membership interest is personal property that passes into the estate and is managed by the personal representative (PR). After debts and expenses are handled, the PR can distribute the…
What paperwork from the Secretary of State do I need to show the bank to confirm my family member was the sole member of his LLC? — North Carolina Short Answer North Carolina Secretary of State records alone rarely prove who owns an LLC. They show the company’s formation, status, registered agent, and sometimes managers,…
Can I ask the court to demand an accounting of all the estate assets and transactions during probate? — North Carolina Short Answer Yes. In North Carolina, any creditor or other interested party (such as an heir or beneficiary) may ask the Clerk of Superior Court to order the personal representative to file or correct…
How can I confirm my percentage of ownership rights to my parents’ real property before it is sold? — North Carolina Short Answer In North Carolina, your share depends on the deed and, if a parent has died, the will or the intestacy rules. Start by pulling the most recent deed and the probate file…
How do I start a partition lawsuit to split our inherited land when my relatives won’t agree? — North Carolina Short Answer In North Carolina, you start a partition case by filing a special proceeding with the Clerk of Superior Court in the county where the land sits. You must name and serve all co-owners…
How do I qualify as the administrator of my sibling’s estate in North Carolina if they died without a will? — North Carolina Short Answer In North Carolina, a sibling can qualify to serve as administrator if they are eligible, no one with higher priority applies, and any equal‑priority heirs consent or receive proper notice.…
