If my sibling changed the locks and took over the property, what can I do to regain access while the sale process is pending? – North Carolina Short Answer In North Carolina, a co-heir who moves into an inherited house usually cannot use a lock change to shut out other owners or the estate’s lawful…
How do we prove who has been paying the property taxes and whether that affects ownership or the partition case? – North Carolina Short Answer In North Carolina, proof of who paid the property taxes usually matters most for reimbursement/credits in a partition case, not for changing who owns the property. A co-owner who paid…
Do we need the court to approve a handwritten will if the heirs are the only people named in it? – North Carolina Short Answer Usually, yes. In North Carolina, a handwritten will (often called a holographic will) still must be offered for probate with the Clerk of Superior Court before it can be used…
Can I sign legal paperwork for a co-owner who is in a nursing facility and has cognitive issues, and what documents would I need to show that authority? – North Carolina Short Answer In North Carolina, one co-owner generally cannot sign legal paperwork for another co-owner in a partition case unless there is valid legal…
How do I fix a title defect when different deeds conflict about who owns the land and house? – North Carolina Short Answer In North Carolina, a sale in a partition case usually cannot close until the chain of title is clear enough for a buyer (and title insurer) to accept. When older deeds conflict,…
How can we get an insurance repair check released when the lender or servicer says the loan is in a monitored or pre-foreclosure status? – North Carolina Short Answer In North Carolina, a lender or mortgage servicer often holds insurance repair proceeds (sometimes called a “loss draft”) and releases the money in stages, especially when…
Can we negotiate a settlement where we choose the realtor and control the sale process instead of having a court-appointed person run the sale? – North Carolina Short Answer Yes—many North Carolina partition cases settle with a written agreement that sets the sale terms, including selecting a realtor, setting a listing price strategy, and allocating…
How do I start a partition case when a co-owner or the other side won’t respond? – North Carolina Short Answer In North Carolina, a partition case starts by filing a verified petition as a special proceeding in the Clerk of Superior Court in the county where the property is located, then having the clerk…
What happens if my sibling refuses to agree to sell the inherited house and won’t cooperate? – North Carolina Short Answer In North Carolina, a co-heir who owns an interest in an inherited house usually cannot be forced to sign a listing agreement or deed just because other heirs want to sell. But a co-owner…
How do we find out the mortgage payoff amount and the reinstatement amount, and can the loan be reinstated after missed payments? – North Carolina Short Answer In North Carolina, the most reliable way to get a mortgage payoff amount or reinstatement amount is to request a written statement from the loan servicer (the company…
