Will I have to redo the oath, bond, or appointment process to get new guardianship letters in the new state? – North Carolina Short Answer Usually, no. When a guardianship is transferred to North Carolina, the North Carolina clerk of superior court can recognize the other state’s incapacity finding and appointment and then issue North…
Read moreWhat are my options if I can’t afford my current attorney anymore but I still need representation in my custody case? – North Carolina Short Answer In North Carolina, a parent who cannot afford current counsel in a custody case usually has several practical options: ask the current attorney about a limited-scope plan or payment…
Read moreWhat happens to my relative’s lease and personal property if rent isn’t paid while they’re in the hospital? – North Carolina Short Answer In North Carolina, a hospital stay does not pause a residential lease. If rent is not paid, the landlord can usually start an eviction case (called “summary ejectment”) and, after a court…
Read moreCan a guardian legally block all family contact and video calls, and how can I get visitation or communication restored? – North Carolina Short Answer In North Carolina, a guardian may be able to limit contact and video calls if the restriction is tied to the ward’s safety, health, or best interests, or if a…
Read moreHow do I sell a property when multiple relatives are on the deed for the land? – North Carolina Short Answer In North Carolina, a property generally cannot be sold on the open market unless all owners on the deed sign the sale documents (or someone has legal authority to sign for them). If one…
Read moreDo 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…
Read moreCan 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…
Read moreRecent Legal Update Updated: March 2026 This article references N.C. Gen. Stat. § 45-21.31 (payment of foreclosure surplus to the Clerk of Superior Court). The statute was amended in 2024 to repeal subsection (e) (Session Laws 2024-33, s. 23, effective July 8, 2024). The repeal does not change the core process described here: surplus may…
Read moreWhat rights and responsibilities will I have once I’m appointed guardian, and what decisions can I legally make? – North Carolina Short Answer In North Carolina, a guardian’s rights and responsibilities depend on what type of guardian the court appoints: guardian of the person, guardian of the estate, or a general guardian (both). A guardian…
Read moreHow do I become the legal guardian of my minor sibling after our parent dies? – North Carolina Short Answer In North Carolina, an adult sibling can ask to be appointed as a minor’s guardian by filing a guardianship application with the Clerk of Superior Court in the county where the minor lives. The clerk…
Read moreHow can I get legal authority to access my adult child’s property if they’re incapacitated and can’t sign anything? – North Carolina Short Answer In North Carolina, a parent usually needs a court order to legally access an incapacitated adult child’s property when the child cannot sign a release or authorization. The most common route…
Read moreHow do I get the police or highway patrol crash report if they won’t release it to me? – North Carolina Short Answer In North Carolina, crash reports written by law enforcement are generally public records, and a certified copy is available through the North Carolina Division of Motor Vehicles (DMV) to anyone who requests…
Read moreHow can I correct a death certificate that incorrectly says the decedent was not married? – North Carolina Short Answer In North Carolina, a death certificate generally cannot be changed after it is filed unless an amendment request is submitted and accepted by the State Registrar. When the marital status is wrong, the usual fix…
Read moreWhat 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…
Read moreWhat 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…
Read moreCan my company claim foreclosure surplus funds if we bought an heir’s interest? – North Carolina Short Answer Possibly. In North Carolina, a company that bought an heir’s interest may file a special proceeding with the Clerk of Superior Court to claim the portion of foreclosure surplus funds tied to that heir’s share, but the…
Read moreHow do I write and file a written answer to the court and properly send a copy to the other side’s attorney? – North Carolina Short Answer In North Carolina surplus funds cases, a written “Answer” is a short document filed with the Clerk of Superior Court in the same surplus funds special proceeding. The…
Read moreWhat can I do if I was never properly served with court papers but the case still moved forward and orders were entered? – North Carolina Short Answer In North Carolina, improper service can mean the court never gained personal jurisdiction over the person who was supposed to be served. When that happens, the person…
Read moreHow do I serve divorce papers on a spouse who lives outside the country? – North Carolina Short Answer In North Carolina, divorce papers can be served on a spouse who lives outside the country using the same service methods allowed by North Carolina civil rules, or by a method allowed where the spouse is…
Read moreCan I move or secure my adult child’s property without a power of attorney or guardianship? – North Carolina Short Answer Usually not, at least not in any formal or legally protected way. In North Carolina, once a child is an adult, a parent does not automatically have authority to take possession of the adult…
Read moreCan the register of deeds office provide a higher-quality scan of a deed map or exhibit page? – North Carolina Short Answer Often, yes. In North Carolina, a register of deeds office can usually provide a clearer copy of a recorded deed page (including an exhibit or map page) by reproducing the recorded record, printing…
Read moreHow do I schedule a hearing date for a partition case once the petition has been filed? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding, and hearing dates are typically set through the Clerk of Superior Court (or the clerk’s calendar process) in the county where the property…
Read moreWhat are the next steps in a partition case after I receive a court or attorney letter like this? – North Carolina Short Answer In North Carolina, a partition case is a court-supervised “special proceeding” to divide co-owned real property or, if the legal requirements are met, sell it and divide the proceeds. After a…
Read moreAm I responsible for paying the other party’s attorney’s fees in a foreclosure surplus funds case? – North Carolina Short Answer Sometimes, but not automatically. In a North Carolina foreclosure surplus funds special proceeding, the clerk or court may award a reasonable attorney’s fee to the prevailing party and may require that fee to be…
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Articles are a starting point, not legal advice. Talk through the specifics of your case with a North Carolina attorney — the case evaluation is always free.
