How can I challenge a deed transfer made by a co-owner without my consent? – North Carolina Short Answer In North Carolina, a co-owner (tenant in common) can only convey that co-owner’s own undivided share, not the entire property. If a deed purports to transfer the whole property into one name without all co-owners’ signatures,…
What steps do I need to ask the court to schedule a hearing after mediation falls through? – North Carolina Short Answer In North Carolina, when a court-ordered mediation in a partition special proceeding ends in impasse, the next step is to calendar the case with the Clerk of Superior Court. Make sure the mediator…
What rights do I have to protect my share of the estate when I suspect mismanagement by the personal representative? – North Carolina Short Answer Under North Carolina law, an heir or beneficiary may demand a full inventory and accounting, object to any proposed final account, and ask the Clerk of Superior Court to compel…
Is it possible to buy out the other beneficiary’s share instead of selling the property? – North Carolina Short Answer Yes. In North Carolina, co-owners can agree to a private buyout at any time, or ask the Clerk of Superior Court in a partition proceeding to structure a buyout. If the property is inherited “heirs…
How do I handle distribution of personal items and remaining assets under the will once the house is sold? – North Carolina Short Answer In North Carolina, the executor distributes tangible personal items and any remaining assets according to the will after paying valid estate expenses and claims. If the estate includes a co-owned house,…
How do I prepare and file the required 1099-S form for the partition sale to allow disbursement of proceeds? – North Carolina Short Answer In a North Carolina partition sale handled by a court-appointed commissioner, the person responsible for closing (usually the commissioner’s closing attorney) must file IRS Form 1099-S reporting each owner’s gross proceeds.…
What happens if we can’t provide proof of satisfaction for the deed of trust before the commissioner distributes the sale funds? – North Carolina Short Answer In a North Carolina partition sale, the commissioner cannot release a co-owner’s net share until liens on that owner’s interest are properly handled. If a deed of trust payoff…
Can someone else attend the contempt hearing on my spouse’s behalf or do we need to retain local counsel? – North Carolina Short Answer No. In North Carolina, a nonlawyer cannot appear in court for another person, even a spouse. For a contempt show‑cause hearing, the court typically requires the accused person to appear in…
What can I do if a co-owner won’t authorize banks to release mortgage or account details? – North Carolina Short Answer In North Carolina, you don’t need a co-owner’s consent to get key mortgage or bank information if you use the right legal route. Open the estate and have a personal representative appointed to request…
What process determines the fair market value and mortgage payoff to calculate each heir’s share? – North Carolina Short Answer In North Carolina partition cases, if the property is “heirs’ property,” the court orders an independent appraisal to set fair market value. The mortgage payoff comes from the lender’s written payoff statement obtained for the…