What happens if a will says someone has a life estate but the deed transferred the property before death without a life estate? – North Carolina Short Answer Under North Carolina law, a valid deed that transferred property during the owner’s lifetime usually controls over a later or conflicting provision in a will. If the…
How can I stop a forced sale in a partition case or buy out the other heirs if I want to keep the house? – North Carolina Short Answer In North Carolina, an heir who wants to keep inherited real estate can oppose a partition sale by showing the court that the property can be…
How can I complete a partition sale without attending the closing or signing anything if a commissioner was appointed? – North Carolina Short Answer In a North Carolina partition sale, the commissioner, not the co-owners, is generally the person authorized to conduct the sale and sign the deed and closing documents once the court confirms…
If I choose not to participate, will my proceeds be deposited with the court and how do I later claim them? – North Carolina Short Answer In a North Carolina partition sale, a co-owner’s share of the proceeds is normally paid out through the commissioner or closing attorney once title issues, liens, and taxes are…
How can I make sure the commissioner credits the delinquent property taxes I paid before the sale when the proceeds are split multiple ways? – North Carolina Short Answer In a North Carolina partition sale, a co-tenant who paid delinquent property taxes before the sale can ask the court to credit those payments before the…
Can I be held in contempt for speaking with the closing attorney when a court order says not to contact the buyer? – North Carolina Short Answer In North Carolina, contempt depends on what the court order actually says and what conduct it prohibits. A no-contact order that names the buyer as the protected party…
How can I add my name to the deed of a home and land that were in my late spouse’s name? – North Carolina Short Answer In North Carolina, a surviving spouse does not simply “add a name” to a deceased spouse’s deed. Title must pass through estate and succession rules, then be documented in…
How does the existing mortgage affect a partition or court-ordered sale? – North Carolina Short Answer In North Carolina, an existing mortgage normally stays on the property in a partition or court-ordered sale and must be paid from the sale proceeds before any co-owner receives money. The court can order a sale of a property…
Can the court appoint a guardian ad litem for an uncooperative heir, and what does that accomplish? – North Carolina Short Answer In North Carolina, the court appoints a guardian ad litem (GAL) only for heirs who are minors, incompetent, unborn/unascertained, or unknown—not for a known, competent adult who is simply uncooperative. In an estate…
How can I complete a partition sale without attending the closing or signing anything if a commissioner was appointed? – North Carolina Short Answer In North Carolina, once a partition sale is confirmed, the court‑appointed commissioner—not the co‑owners—signs the deed and completes closing under the court’s order. Co‑owners typically do not attend closing or sign…
