What proof do I need to show I’m entitled to the surplus funds as the only child of the deceased owner? – North Carolina Short Answer In North Carolina, a person claiming foreclosure surplus funds as the deceased owner’s only child generally must prove (1) the funds exist and are held by the Clerk of…
Does someone who was only under a parent’s guardianship (not legally adopted) have any right to share in inherited property proceeds? – North Carolina Short Answer Usually, no. In North Carolina, being raised under a parent’s guardianship does not, by itself, make someone an “heir” who can inherit from that parent or share in proceeds…
How can I check what happened in the probate case and whether the person running it mishandled the estate or the property? – North Carolina Short Answer In North Carolina, the best way to check what happened in a probate case is to get the estate file from the Clerk of Superior Court in the…
Can the beneficiary file the petition directly, or does the trustee have to file on the trust’s behalf? – North Carolina Short Answer In North Carolina, a petition to determine who gets foreclosure surplus funds may be filed with the Clerk of Superior Court by any person claiming the surplus. That can include a trust…
Which party should be named on a surplus funds petition when the property is held in a land trust with a separate trustee and beneficiary? – North Carolina Short Answer In North Carolina, a surplus funds petition is usually filed in the name of the person or entity that is legally entitled to the surplus,…
How do I collect surplus foreclosure funds when the property owner has died and no estate has been opened? – North Carolina Short Answer In North Carolina, surplus money from a foreclosure sale is paid to the person legally entitled to it, but if the owner has died and there is no qualified personal representative,…
How can I get the court clerk to release my disbursement check when they say they still don’t have the right authorization forms? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court generally cannot release money being held by the clerk until the file contains whatever documentation the clerk needs to…
Am I actually entitled to any surplus money from a tax foreclosure if my parent is the one who would have inherited the property? – North Carolina Short Answer Possibly, but entitlement to surplus from a North Carolina tax foreclosure depends on who legally owned the property (or the right to the surplus) at the…
Can a recovery company take a fee if I already hired a law firm, and should I avoid signing with them? – North Carolina Short Answer In North Carolina, a recovery company generally can only take a fee if there is a signed contract giving it that right. If a law firm is already handling…
What happens if I don’t submit the affidavit of title before the hearing? – North Carolina Short Answer In North Carolina surplus-funds cases, failing to file a required affidavit of title before the hearing usually does not end the case permanently, but it can stop the hearing from going forward. The Clerk of Superior Court…