How do I handle potential heirs from a decades-old estate that wasn’t properly probated? – North Carolina Short Answer In North Carolina, missing heirs from old estates create a cloud on title because real property passes to heirs at death. The usual fix is a special proceeding in the county where the land sits—often a…
What steps can I take to protect myself from unexpected tax liability after being listed as a partner without my consent? – North Carolina Short Answer In North Carolina, co-ownership of rental property does not, by itself, make you a business partner or liable for partnership taxes. If you were listed as a partner without…
How can I make sure my mediated settlement agreement covers reimbursement for my rental income losses and tax attorney fees? – North Carolina Short Answer In North Carolina, get these items into the written, signed mediation agreement before you leave the session and, if possible, have the Clerk enter it as a consent order in…
Can I include an indemnity clause in a mediated settlement to hold my co-owner harmless from future tax obligations? – North Carolina Short Answer Yes. In North Carolina, you can allocate tax risk in a mediated settlement with a clear, written, and signed indemnity or “hold harmless” clause. It binds only the parties, not the…
Can my father’s estate override a special proceeding sale of my home? – North Carolina Short Answer No. In North Carolina, only the court—not a personal representative—can order or change a partition or estate sale of real property. A personal representative cannot take possession or sell a house without a court order and proper notice…
How can I stop my great-aunt’s estate from selling the house I live in? – North Carolina Short Answer In North Carolina, a personal representative cannot sell estate real estate unless the will clearly authorizes it or the Clerk of Superior Court orders a judicial sale in a special proceeding. If title to the house…
How do I protect my share of an inheritance when co-heirs disagree on selling property? – North Carolina Short Answer In North Carolina, title to a decedent’s real estate passes to the heirs at death, but a personal representative can sell it if the clerk authorizes a judicial sale to pay estate debts or if…
Can I force the lender to provide mortgage and deed of trust information as a co-owner? – North Carolina Short Answer In North Carolina, being a co-owner on title alone does not require a lender to share loan details with you. But in a partition case, you can obtain payoff, reinstatement, and deed of trust…
What steps do I take if my sibling withdrew equity from our inherited home without my consent? – North Carolina Short Answer In North Carolina, a co-owner can file a partition proceeding with the Clerk of Superior Court to divide the property or order a court-supervised sale, with an accounting to sort out who owes…
What happens if an inherited property goes into foreclosure before partition is complete? – North Carolina Short Answer In North Carolina, a lender can foreclose even if a partition case is pending. If every co-owner signed the deed of trust, a completed foreclosure will usually end the co-owners’ title and the partition case becomes moot,…