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Free Professional Guide

Attorney Referral Guide to Excess Proceeds

Attorneys in probate, foreclosure defense, bankruptcy, family law, and estate planning frequently encounter situations where a client may be entitled to surplus funds. This guide covers how to identify those situations, screen cases for referral, and navigate the intersection of legal practice and surplus fund recovery.

What's Inside This Guide

  • How to identify excess proceeds opportunities in existing client matters — probate files, divorce cases, bankruptcy proceedings, and foreclosure defense
  • The legal framework: how super-priority tax liens, mortgage lien priority, and junior creditor rights interact with surplus fund claims
  • Ethical considerations for attorneys: fee structures, referral arrangements, conflict checks, and maintaining the attorney-client relationship
  • State-by-state variation in claim procedures, deadlines, and documentation requirements
  • How NEPEX supports attorney-led matters through research coordination, educational intake, and referral alignment — without interfering with the attorney-client relationship
  • Practical intake checklists for common practice areas: probate, family law, bankruptcy, and real estate

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This guide is for educational purposes only and does not constitute legal advice. NEPEX does not practice law and does not interfere with attorney-client relationships. National Excess Proceeds Exchange is not a law firm.