How do I challenge a life estate arrangement that leaves me without control? – North Carolina Short Answer In North Carolina, a life tenant generally has the present right to exclusive possession, and a remainderman holds a future interest with the right to prevent waste. You usually cannot force a partition between a life tenant…
How do I get guardianship over my mother to take control of her property and pay taxes? – North Carolina Short Answer In North Carolina, you petition the Clerk of Superior Court to have your mother adjudicated incompetent and to be appointed guardian of her estate, which authorizes you to manage money, collect rents, and…
Can I challenge the family member’s power of attorney over my parent’s property because she lacked capacity? – North Carolina Short Answer Yes. In North Carolina, you can challenge a power of attorney if your parent lacked legal capacity when it was signed or if the agent is breaching duties. Two tracks often run together:…
What steps can I take to prevent foreclosure on co-owned properties where I hold a small share? – North Carolina Short Answer In North Carolina, you can stop a tax foreclosure by paying the delinquent county taxes, then seek contribution from your co-owners. At the same time, you can petition the Clerk of Superior Court…
Can I force the sale of co-owned real estate to cover unpaid taxes and split the proceeds? – North Carolina Short Answer Yes. In North Carolina, any co-owner can file a partition proceeding. If the land cannot be fairly divided, the Clerk of Superior Court can order a sale and divide the net proceeds by…
Can we evict a parent-in-law who moved in without a lease before selling inherited property? – North Carolina Short Answer In North Carolina, a co-owner can file a partition action to force a sale or buyout when co-owners cannot agree. Removing a third-party occupant installed by one co-owner without a lease usually is not a…
How long might it take to remove an unauthorized occupant and sell the property through partition? – North Carolina Short Answer In North Carolina, an uncontested partition by sale commonly takes about 6–12 months from filing to closing; disputes, transfers to Superior Court, appeals, or multiple upset bids can extend it to 12–18+ months. Removing…
What steps can I take in a partition action to move forward with selling the property? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court in your partition case to order a sale in lieu of partition and appoint a commissioner to handle the sale. The court can…
Can I recover my out-of-pocket cleanup expenses from the sale proceeds? – North Carolina Short Answer Usually yes. In a North Carolina partition by sale, the Clerk of Superior Court may approve the commissioner’s reasonable, necessary out-of-pocket expenses (like cleanup) as costs of the sale. Those approved costs are paid from the sale proceeds before…
What steps are needed to finalize and distribute funds from a partition sale? – North Carolina Short Answer In North Carolina, after a commissioner’s partition sale closes, the commissioner files a report of sale, the upset-bid period runs, and the Clerk of Superior Court enters an order confirming the sale. Only after confirmation should the…