What happens if there are unknown heirs or a guardian ad litem report—does that delay or reduce our ability to recover surplus funds? – North Carolina Short Answer In North Carolina, unknown heirs or a guardian ad litem (GAL) typically do not eliminate a valid claim to foreclosure surplus funds, but they often slow the…
Can a lawyer represent just my share of the surplus funds if other heirs don’t want to participate? – North Carolina Short Answer Yes. In North Carolina, one claimant can start a clerk-of-court special proceeding to determine who is entitled to surplus funds, even if other heirs do not want to participate. However, the law…
If I don’t file a response or don’t attend the hearing, can I still receive my share of the surplus funds? – North Carolina Short Answer Usually not. In North Carolina, when someone files a special proceeding with the Clerk of Superior Court to decide who gets foreclosure surplus funds, a person who was named…
Can the petitioners get the funds without my consent if I don’t respond or disagree with their claim? – North Carolina Short Answer Yes. In North Carolina, surplus funds are paid out based on a court process, not based on consent. If a petitioner files a special proceeding with the Clerk of Superior Court and…
How can I claim surplus funds from a property sale when I’m listed as a beneficiary of the estate? – North Carolina Short Answer In North Carolina, surplus funds from a foreclosure or similar property sale often get paid into the Clerk of Superior Court when the seller cannot safely pay the money to the…
How do you determine who gets paid from surplus funds when multiple heirs and purchasers of heir interests are involved? – North Carolina Short Answer In North Carolina, surplus foreclosure funds get paid to the person or people who can prove they are legally entitled to the money. When there are multiple heirs, unknown heirs,…
What documents do you need to prove we own an heir’s share (recorded deed, trust declaration, assignment, contract, genealogy report)? – North Carolina Short Answer In North Carolina surplus-funds cases, the clerk of superior court typically needs a clear paper trail showing (1) who the heirs are and what share each heir inherited, and (2)…
What can I do if I think the estate paperwork lists the wrong heirs or leaves out rightful family members? – North Carolina Short Answer In North Carolina, if estate-related paperwork tied to surplus funds lists the wrong heirs or leaves out rightful family members, the usual fix is to bring the dispute to the…
What documents do I need to prove my right to the surplus funds and start the claim process? – North Carolina Short Answer In North Carolina, the documents needed to claim foreclosure surplus funds depend on who is claiming the money (former owner, heir, estate representative, lienholder, or assignee) and where the funds are being…
Do I need to hire my own attorney to claim my share of the foreclosure surplus funds? – North Carolina Short Answer No. North Carolina law does not require a person to hire an attorney to claim a share of foreclosure surplus funds held by the clerk of superior court. However, once a special proceeding…