Can I challenge the distribution of sale proceeds if I suspect the buyer will not honor use restrictions?: Practical guidance for North Carolina co-owners and co-administrators

Partition Action Q&A Series

Can I challenge the distribution of sale proceeds if I suspect the buyer will not honor use restrictions? – North Carolina Short Answer In North Carolina, distribution of court-ordered sale proceeds follows a fixed order: costs and liens first, then valid estate claims (if it is an estate sale), and only then to the co-owners…

How can I prepare for a partition hearing after it’s been rescheduled?: Practical steps for a North Carolina closing before the Clerk of Superior Court

Partition Action Q&A Series

How can I prepare for a partition hearing after it’s been rescheduled? – North Carolina Short Answer In North Carolina, partition hearings are special proceedings before the Clerk of Superior Court. After a continuance, prepare by confirming proper service and notice, organizing the commissioners’ report and exhibits (title, survey, appraisal, and any sale documents), and…

What steps should I take before attending the partition closing tomorrow?: Practical steps for a North Carolina partition closing

Partition Action Q&A Series

What steps should I take before attending the partition closing tomorrow? – North Carolina Short Answer In North Carolina partition cases, make sure the sale can be confirmed and the closing can occur. Verify that the report of sale was filed, the 10-day upset bid period has expired without a new bid, all parties received…

Will the money I receive from the partition sale be taxable, and how should I report it?: Answered for North Carolina

Partition Action Q&A Series

Will the money I receive from the partition sale be taxable, and how should I report it? – North Carolina Short Answer In North Carolina, your share of partition-sale proceeds is generally subject to capital-gains tax to the extent your share of the net sales price (after court‑approved selling costs) exceeds your tax basis in…

What steps are required to probate my mother’s half-interest in the house and bank account?: Clear steps to open an estate, give creditor notice, and coordinate a partition sale in North Carolina

Partition Action Q&A Series

What steps are required to probate my mother’s half-interest in the house and bank account? – North Carolina Short Answer In North Carolina, you open an intestate estate with the Clerk of Superior Court in the county where your mother lived, get Letters of Administration, publish and mail notice to creditors, and file an inventory.…

Can I challenge the step-child’s move into my mother’s home after her death?: North Carolina partition and co-tenancy options

Partition Action Q&A Series

Can I challenge the step-child’s move into my mother’s home after her death? – North Carolina Short Answer Often, you cannot summarily remove a step-child who is living there on behalf of a surviving co-owner in North Carolina. When a decedent co-owned a home without survivorship, her share passes to heirs, but the surviving co-tenant…

How do I protect my interest in property when a nonresident family member disputes it?: Practical steps under North Carolina law

Partition Action Q&A Series

How do I protect my interest in property when a nonresident family member disputes it? – North Carolina Short Answer In North Carolina, record your deed, give formal notice, and file the right proceeding in the county where the land sits. If you co-own or your title is challenged, start a partition special proceeding with…