What legal options do I have if some co-owners disagree on the sale price and timeline for estate property? – North Carolina Short Answer In North Carolina, any tenant in common can file a partition action with the Clerk of Superior Court when co-owners cannot agree on selling or dividing inherited real estate. If the…
Are executors breaching their fiduciary duties by making repair and financial decisions without beneficiary approval or notice? – North Carolina Short Answer In North Carolina, executors must act loyally, prudently, and impartially for the benefit of all heirs and beneficiaries. They may make routine management decisions and hire professionals without beneficiary approval, but real estate…
How can I force transfer of a co-owned car title when the other owner won’t sign? – North Carolina Short Answer In North Carolina, a co-owner may file a partition special proceeding for personal property with the Clerk of Superior Court to force a sale of a co-owned vehicle when the other owner will not…
Can I file a partition action for a personal property asset like a vehicle in North Carolina? Short Answer Not for a car. In North Carolina, partition actions under Chapter 46A are designed for real property, not personal property like vehicles. If co-owners of a car disagree, the usual route is a civil action (for…
Will I still be liable for penalties from the motor vehicle agency after transferring or selling the vehicle? – North Carolina Short Answer Yes. In North Carolina, civil penalties for an insurance lapse or revoked registration follow the person who was the registered/titled owner when the violation occurred. Transferring or selling the car later—even by…
What should I do if title issues prevent me from completing a sale? – North Carolina Short Answer In North Carolina, start with a full title search to identify breaks in the chain of title and missing owners, then cure defects using corrective deeds or court orders. If co-owners cannot or will not sign, file…
What steps do I need to take to get a title search and resolve defects before selling? – North Carolina Short Answer In North Carolina, start with a full title search by a North Carolina real estate attorney or title company, then cure the specific defects the search finds. For heir property, you typically must…
How do I confirm legal ownership when multiple heirs are involved in a property? – North Carolina Short Answer In North Carolina, title to non-survivorship real estate passes to the heirs or devisees at death. To confirm ownership when several heirs are involved, you identify all current owners, resolve any unknown or missing heirs through…
Can I sell a property if I only hold title through a quitclaim deed for heir property? – North Carolina Short Answer In North Carolina, a quitclaim deed only transfers whatever interest the grantor owned. You may sell your undivided interest, but you cannot pass full, marketable title to the entire property unless all co-owners…
How can I clear title issues on heir property held by a quitclaim deed? – North Carolina Short Answer In North Carolina, a quitclaim deed only transfers whatever interest the grantor had, so heir property often remains co-owned with other heirs. To clear title, confirm the heirs and chain of title, record curative documents, and…