What can I do if I believe property was transferred while my relative had dementia or was being taken advantage of? – North Carolina Short Answer In North Carolina, a suspicious transfer made while a relative had dementia can sometimes be challenged by focusing on (1) whether the person had legal capacity when the document…
Do I have to deal with heirs if a deceased co-owner had no spouse or children? – North Carolina Short Answer Usually, yes. In North Carolina, if a co-owner dies without a spouse or children, that person’s ownership interest typically passes to other relatives under the state’s intestate succession rules (often parents first, then siblings,…
How can I find out what properties a deceased relative owned if I think assets were hidden or missed during the estate process? – North Carolina Short Answer In North Carolina, the fastest way to confirm what real estate a deceased relative owned is to (1) pull the estate file from the Clerk of Superior…
What is a quiet title case and how does it affect whether the property can be sold? – North Carolina Short Answer In North Carolina, a quiet title case is a lawsuit used to clear up competing claims or defects in the public records that create a “cloud” on a property’s title. If a title…
How can I include a second inherited property in the partition if I don’t have the full address yet and it’s on a separate deed? – North Carolina Short Answer In North Carolina, a partition case must clearly identify the specific real property being partitioned, and it must be filed in the county where that…
What happens if the person who filed the partition case is not actually a legal heir or child of the deceased co-owner? – North Carolina Short Answer In North Carolina, a partition case is generally meant for people who claim to own an interest in the property (a cotenant). If the person who filed the…
What happens if the other co-owner doesn’t show up to the disbursement hearing after being notified? – North Carolina Short Answer In many North Carolina partition sales, if a co-owner receives proper notice of the disbursement hearing and does not appear, the clerk of superior court can usually still move forward and enter an order…
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…
