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- Probate Q&A Series
- Partition Action Q&A Series
- Estate Planning Q&A Series
- Real Estate Q&A Series
- Guardianship Q&A Series
- Surplus Funds Q&A Series
- Family Law Q&A Series
- Wrongful Death
- Probate Administration
- AOC Forms
What happens to a minor child’s share of surplus funds if the child is not yet an adult? NC
What happens to a minor child’s share of surplus funds if the child is not yet an adult? – NC Short Answer In North Carolina, a minor child does not usually receive foreclosure surplus funds directly. If the child is entitled to a share, the clerk of superior court can hold and protect that share,…
Can I recover surplus funds on behalf of my minor child from a foreclosed property? – NC
Can I recover surplus funds on behalf of my minor child from a foreclosed property? – NC Short Answer Yes, in North Carolina, a minor child can have a valid claim to foreclosure surplus funds if the child is one of the people legally entitled to the deceased owner’s share. But the money usually is…
Do I have to notify another heir before the court releases surplus foreclosure funds? NC
Do I have to notify another heir before the court releases surplus foreclosure funds? – NC Short Answer Usually, yes. In North Carolina, if surplus foreclosure funds are being decided through a clerk-supervised special proceeding, the person asking for release of the funds must name and notify other known claimants, including heirs who may assert…
What happens if I do not have the foreclosure case number right away? NC
What happens if I do not have the foreclosure case number right away? – NC Short Answer In North Carolina, not having the foreclosure case number right away usually does not end a surplus-funds claim, but it can slow it down. The clerk of superior court holds surplus foreclosure funds when ownership is unclear, and…
Can I still claim money from a foreclosure sale if I was the only owner of the property? – NC
Can I still claim money from a foreclosure sale if I was the only owner of the property? – NC Short Answer Yes. In North Carolina, if a foreclosure sale brought in more money than the costs, taxes, assessments, and secured debt, the remaining surplus may still be claimed by the person entitled to it.…
What happens if a law firm handled the surplus funds at the end of the estate but we have not received clear instructions to release them? NC
What happens if a law firm handled the surplus funds at the end of the estate but we have not received clear instructions to release them? – NC Short Answer In North Carolina, a law firm generally should not release surplus funds unless it has clear authority showing who is entitled to receive them. If…
What documents does my adult child need to provide to receive surplus funds connected to a deceased grandparent’s property? – NC
What documents does my adult child need to provide to receive surplus funds connected to a deceased grandparent’s property? – NC Short Answer In North Carolina, an adult child usually cannot collect foreclosure surplus funds tied to a deceased grandparent’s property by simply asking for payment. The person claiming the money must show both identity…
How can my adult child claim money that is being held from a grandparent’s estate after a foreclosure recovery? NC
How can my adult child claim money that is being held from a grandparent’s estate after a foreclosure recovery? – NC Short Answer In North Carolina, foreclosure surplus money is often paid to the clerk of superior court when the former owner has died and no active estate representative is in place, or when there…
Can my adult child receive the funds directly now that they are an adult? NC
Can my adult child receive the funds directly now that they are an adult? – NC Short Answer Maybe, but not automatically. In North Carolina, foreclosure surplus funds are often paid through the clerk of superior court, and the person claiming the money must show a legal right to it. If the adult child is…