Do I need to worry about personal injury claims being hidden in a partition proceeding? – North Carolina Short Answer Under North Carolina law, a partition case is a special proceeding to divide or sell co-owned real estate and handle equitable accounting between co-owners. It does not decide unrelated personal injury (tort) claims. Personal injury…
Do I need to open a probate estate to transfer property under a dismissed partition action? – North Carolina Short Answer Often, no full probate is required just to transfer North Carolina real estate after a co-owner dies. Title to the decedent’s share vests in the heirs at death, but sales within two years of…
What affidavits do I need to provide to clear title after settling a partition action? – North Carolina Short Answer In North Carolina, you typically need affidavits that (1) establish who inherited the deceased co-owner’s share, (2) show creditor risks are addressed if the sale occurs within two years of death, and (3) prove any…
How do I handle a closing when one party signs through an agent on the settlement? – North Carolina Short Answer In North Carolina, you may close a partition settlement when a party signs through a valid power of attorney, but the power of attorney must authorize real estate transactions and be recorded in the…
Can a settlement and release agreement serve as proof of sole ownership for title insurance? – North Carolina Short Answer Not by itself. In North Carolina, a settlement and release can resolve claims, but it does not convey title. Title insurers usually require a recorded conveyance (such as deeds from all heirs or a court…
What do I need to know about a title search for inherited property with multiple owners? – North Carolina Short Answer In North Carolina, a title search on inherited land must confirm the chain of title from the deceased owner to all current heirs, identify every co-owner, and surface any liens or claims that affect…
What steps do I need to quitclaim co-owners’ interest in inherited property? – North Carolina Short Answer In North Carolina, you can get sole title to inherited land either by having every co-owner sign and record deeds conveying their shares to you, or by filing a partition proceeding with the Clerk of Superior Court if…
How do I negotiate a buyout of co-owners to clear title on inherited land? – North Carolina Short Answer In North Carolina, you can clear title by buying out your co-owners (tenants in common) using a fair value, documented credits for taxes and necessary costs, and deeds from each co-owner. If anyone will not cooperate,…
How do I challenge a life estate arrangement that leaves me without control? – North Carolina Short Answer In North Carolina, a life tenant generally has the present right to exclusive possession, and a remainderman holds a future interest with the right to prevent waste. You usually cannot force a partition between a life tenant…
How do I get guardianship over my mother to take control of her property and pay taxes? – North Carolina Short Answer In North Carolina, you petition the Clerk of Superior Court to have your mother adjudicated incompetent and to be appointed guardian of her estate, which authorizes you to manage money, collect rents, and…