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,…
How can I find out the home equity at my parent’s death versus now for a property I co-own? – North Carolina Short Answer In North Carolina, “equity” at any point in time is the fair market value of the home minus all loans and liens at that same time. To find equity at death,…
What rights do I have as the majority owner in a partition case? – North Carolina Short Answer In North Carolina, a majority co-owner has the same right as any co-owner to seek or oppose partition, but your percentage does not let you dictate the outcome. The Clerk of Superior Court prefers partition in kind…
What should I expect at the hearing to request release of funds from the property sale? – North Carolina Short Answer In North Carolina partition cases, the Clerk of Superior Court typically releases sale proceeds after the sale is confirmed, required costs and liens are addressed, and all co-owners have notice and an opportunity to…
How can I confirm that every co-owner has been properly served with the partition petition? – North Carolina Short Answer In North Carolina partition cases, every co-owner (cotenant) must be served with the Special Proceedings Summons and Petition under Rule 4 before the Clerk of Superior Court moves the case forward or releases sale proceeds.…
