Can I bid on my own property in an upset bid sale under partition rules? – North Carolina Short Answer Yes. In North Carolina, a co-owner may bid at a partition sale and may file an upset bid, so long as they are not the court-appointed commissioner or another fiduciary running the sale. You must…
What notice and fairness obligations does a partition commissioner owe to all co-owners? – North Carolina Short Answer In North Carolina, a partition commissioner must act neutrally for all co-owners, give proper sale notice, follow judicial sale rules (including the 10-day upset-bid process), file required reports with the Clerk of Superior Court, and distribute net…
What liability might I face for a cabin on co-owned land and how can I remove it? – North Carolina Short Answer In North Carolina, co-owners can face risk if a dilapidated cabin causes injury or damage, especially if they control or knowingly allow a dangerous condition to persist. To reduce that risk, you can…
What steps do I need to confirm my inherited interest and then partition the trust property? – North Carolina Short Answer In North Carolina, you generally cannot partition real estate while it is titled in a trustee’s name. First, confirm the probate file, your status as a beneficiary or devisee, and the trust terms; obtain…
Can I force the trustee to provide trust documents if they won’t accept calls or messages? – North Carolina Short Answer Yes—under North Carolina law, a qualified beneficiary can demand the trust instrument and an accounting, and a court can order a nonresponsive trustee to provide them. If the trust came from a will, you…
Do I need to open probate if the will created a trust for the property I inherited? – North Carolina Short Answer In North Carolina, if a will creates a trust (a testamentary trust) or if any real estate passes under the will, the will generally must be probated to pass title and to activate…
How can I find out if the will was ever probated? – North Carolina Short Answer In North Carolina, if a will was probated, the original stays on file as a public record with the Clerk of Superior Court in the county where the person lived at death. Start by asking the Estates Division in…
How do I challenge a deed that may have been signed fraudulently by my children? – North Carolina Short Answer In North Carolina, you challenge a potentially fraudulent or forged deed by filing a civil action in Superior Court to quiet title and ask the court to cancel the deed. You typically combine that with…
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…
