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…
Can someone who isn’t a blood relative be listed as an heir when there is no will? – North Carolina Short Answer Usually no. In North Carolina, when someone dies without a will, “heirs” are the people who inherit under the intestate succession laws, and that list is primarily made up of a surviving spouse…
How do I file a petition to claim surplus funds? – North Carolina Short Answer In North Carolina, a person claiming foreclosure surplus funds that were paid into the Clerk of Superior Court typically files a “special proceeding” with the clerk to determine who is entitled to the money. The petition should name and notify…
What do I need to do after I’ve been served with papers about foreclosure surplus funds? – North Carolina Short Answer In North Carolina, papers about foreclosure surplus funds usually mean someone filed a “special proceeding” with the Clerk of Superior Court to decide who gets money being held by the clerk after a foreclosure…
What happens if another family member already tried to collect the surplus funds before I knew about it? – North Carolina Short Answer In North Carolina, if another family member already tried to collect surplus funds, that does not automatically end the claim. When surplus money is paid into the Clerk of Superior Court, a…
