How do we find out if probate has been opened and what impact it has on her rights to the property? – North Carolina Short Answer Call or visit the Estates Division of the Clerk of Superior Court in the county where the deceased partner lived to see if an estate file (an “E” file)…
What happens if the partner’s children file a partition action against her in North Carolina – North Carolina Short Answer In North Carolina, any co-owner can file a partition case with the Clerk of Superior Court to split jointly owned real estate. If a fair in-kind split is impractical (common with a single condo), the…
How can I confirm which tracts I actually have an ownership interest in when some deeds are missing? – North Carolina Short Answer In North Carolina, you confirm which tracts you own by proving your chain of title and, if records are incomplete, asking the court to declare and quiet your title before any partition.…
How can I force executors to consider a co-tenant buyout before listing inherited property? – North Carolina Short Answer In North Carolina, you generally cannot compel executors to accept a buyout, but you have tools to make them consider it. Title to the home vests in the heirs at death, and co-tenants can file a…
What authority do beneficiaries have versus executors in deciding to sell estate real estate? – North Carolina Short Answer In North Carolina, title to a decedent’s real estate passes to the heirs or devisees at death, but it remains subject to the personal representative’s limited power to take control and sell if needed to administer…
What steps do I take to file a partition action when executors won’t agree to a buyout? – North Carolina Short Answer In North Carolina, any co-owner of real estate (a tenant in common) may file a partition proceeding with the Clerk of Superior Court in the county where the land sits. The clerk first…
How do I protect my co-tenant interest if the house sale price drops below our buyout threshold? – North Carolina Short Answer In North Carolina, you can file a partition proceeding with the Clerk of Superior Court to trigger statutory protections for co-tenants, including an appraisal and a potential buyout right if the property qualifies…
What happens if the lender forecloses when there’s little equity left? – North Carolina Short Answer In North Carolina, a foreclosure sale pays foreclosure costs and the mortgage first. If the high bid is greater than the debt, any surplus is paid into the Clerk of Superior Court and then to the owners/heirs who prove…
How can I negotiate with my sibling to adjust the property deed to include my share? – North Carolina Short Answer In North Carolina, co-heirs typically own inherited real estate as tenants in common. You can often resolve title questions without filing a partition by reaching a written agreement with your sibling and recording a…
What evidence is needed to prove a fraudulent property deed? – North Carolina Short Answer In North Carolina, you prove a fraudulent or forged deed with clear, cogent, and convincing evidence. Strong proof includes testimony from the supposed signers denying the signatures, handwriting expert opinions, notary records that don’t line up, and the closing file…