What steps are required to probate my mother’s half-interest in the house and bank account?: Clear steps to open an estate, give creditor notice, and coordinate a partition sale in North Carolina

Partition Action Q&A Series

What steps are required to probate my mother’s half-interest in the house and bank account? – North Carolina Short Answer In North Carolina, you open an intestate estate with the Clerk of Superior Court in the county where your mother lived, get Letters of Administration, publish and mail notice to creditors, and file an inventory.…

Can I challenge the step-child’s move into my mother’s home after her death?: North Carolina partition and co-tenancy options

Partition Action Q&A Series

Can I challenge the step-child’s move into my mother’s home after her death? – North Carolina Short Answer Often, you cannot summarily remove a step-child who is living there on behalf of a surviving co-owner in North Carolina. When a decedent co-owned a home without survivorship, her share passes to heirs, but the surviving co-tenant…

How do I protect my interest in property when a nonresident family member disputes it?: Practical steps under North Carolina law

Partition Action Q&A Series

How do I protect my interest in property when a nonresident family member disputes it? – North Carolina Short Answer In North Carolina, record your deed, give formal notice, and file the right proceeding in the county where the land sits. If you co-own or your title is challenged, start a partition special proceeding with…

What happens to personal belongings left by occupants if the home is sold through a partition action?: North Carolina law

Partition Action Q&A Series

What happens to personal belongings left by occupants if the home is sold through a partition action? – North Carolina Short Answer In North Carolina, a partition sale transfers the real estate to the buyer; it does not include other people’s personal belongings. After the sale is confirmed and the deed is delivered, the court…

How do I request a continuance on a partition sale hearing to complete my refinance and closing?: North Carolina

Partition Action Q&A Series

How do I request a continuance on a partition sale hearing to complete my refinance and closing? – North Carolina Short Answer In North Carolina, you request a continuance by filing a written motion with the Clerk of Superior Court in the partition case and showing good cause—typically, a specific, near-term refinance or closing date…