Do we need a guardian of the estate or a neutral third party to handle selling my mother’s life estate? – North Carolina Short Answer Yes. In North Carolina, you generally need a guardian of the estate (or a general guardian) appointed by the Clerk of Superior Court, plus a specific court order authorizing the…
What is the process for a partition action when one owner is incapacitated and cannot sign sale documents? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding filed with the Clerk of Superior Court in the county where the property sits. If a co-owner is incapacitated, the case can…
How do I enforce a co-ownership agreement to market and sell the house at a fair value? – North Carolina Short Answer In North Carolina, you can either: (1) put a clear, written co-ownership agreement in place—signed by every titleholder (including the incapacitated parent’s court‑appointed guardian, with court approval)—that requires repairs and an open‑market listing…
Can a settlement agreement prevent family members from backing out of a sale if they change their minds? – North Carolina Short Answer Yes—if the co-owners put their deal into a court-approved consent order in a North Carolina partition case and include the guardian for the incapacitated parent (or a court-appointed fiduciary), the court can…
What steps do I need to modify my parent’s guardianship so someone can sign for their share of the property? – North Carolina Short Answer In North Carolina, only a guardian of the estate (or a general guardian) can sign real estate documents for an incapacitated adult. If your parent has only a guardian of…
How can I draft a binding agreement among co-owners to complete repairs and sell our inherited house? – North Carolina Short Answer Yes. In North Carolina, co-owners can sign a written agreement that commits everyone to fund repairs, hire a broker, and sell at market value. If a co-owner is an incapacitated adult, only the…
What happens if a co-owner refuses to show evidence of funds in a partition mediation? – North Carolina Short Answer In North Carolina, a party must attend and participate in court-ordered mediation, but no one is automatically required to hand over bank records during the mediation. If the co-owner will not provide proof of funds…
How do I resolve boundary or description discrepancies when preparing a partition action? – North Carolina Short Answer In North Carolina, resolve any boundary or legal description mismatch before you file a partition proceeding with the Clerk of Superior Court. Start by pulling the foreclosure special proceeding file and comparing the notice of sale, order,…
What steps do I take to challenge or correct an incorrect property description in a foreclosure deed? – North Carolina Short Answer In North Carolina, start by pulling the original foreclosure file and confirming the legal description used in the court’s order and notice of sale. If the commissioner’s deed has a clerical mismatch, file…
What happens if the property description in the commissioner’s deed doesn’t match the foreclosure notice? – North Carolina Short Answer In North Carolina, a mismatch between the legal description in a commissioner’s deed and the foreclosure notice is a title problem that must be fixed in the original foreclosure case. If it is a clerical…