Does an executor have to sell a house during probate, and when would a court require a sale to cover debts? – North Carolina Short Answer In North Carolina, an executor does not automatically have to sell the decedent’s house during probate. A sale becomes more likely when the estate does not have enough cash…
What steps and documents are needed to transfer the other owner’s interest with a quitclaim deed held by the closing attorney while my refinance is processed? – North Carolina Short Answer In North Carolina, transferring a co-owner’s interest with a quitclaim deed during a refinance usually means: (1) the co-owner signs a properly notarized quitclaim…
How is a guardian ad litem appointed, and what happens after the court signs the order? – North Carolina Short Answer In a North Carolina partition case, the court appoints a guardian ad litem (GAL) when a required party cannot be identified or located after due diligence, or when a party is a minor or…
Do I need to open probate or clear title before selling inherited land that has no liens but is still co-owned? – North Carolina Short Answer Usually, yes—some form of “title cleanup” is needed before a normal sale can close in North Carolina when inherited land is still owned by multiple heirs and not everyone…
Do I have any rights to the specific homesite where my manufactured home sits if the land title is jointly owned? – North Carolina Short Answer In North Carolina, joint owners (cotenants) generally each have the right to enter, occupy, and use the whole property, but that does not automatically create a legal right to…
Can the property taxes and upkeep I’ve paid be credited toward any buyout amount or settlement? – North Carolina Short Answer Often, yes. In North Carolina, when family members co-own a home, a co-owner who pays necessary carrying costs like property taxes (and sometimes insurance or necessary repairs) can usually ask for an “accounting” so…
How can I get a copy of the receipt or closing statement from a court-ordered home sale? – North Carolina Short Answer In a North Carolina partition action, the receipt or closing statement from a court-ordered home sale is usually found in the special proceeding file as the commissioner’s report, final report, or accounting filed…
How do we pause or dismiss a partition case while we negotiate a settlement and pursue a voluntary sale? – North Carolina Short Answer In North Carolina, a pending partition special proceeding can usually be paused by a consent order or motion to continue or stay, and it can be dismissed by a voluntary dismissal…
Can a buyer close without title insurance, and what protections or contract terms could reduce the risk if they do? – North Carolina Short Answer Under North Carolina law, a buyer may close on real estate without purchasing title insurance, but doing so shifts most of the risk of hidden title defects, liens, and competing…
How will the minor’s share be protected during a court-ordered sale or buyout? – North Carolina Short Answer In a North Carolina partition case, when the court orders a sale of the property or a buyout and one of the owners is a minor, the court must secure that minor’s share of the proceeds. The…