Am I responsible for moving an estate RV from my property or can I charge rent for its storage? – North Carolina Short Answer In North Carolina, the personal representative (administrator or executor) is responsible for safeguarding and taking possession of estate personal property, including an RV. You are not required to move the estate’s…
Can an estate administrator force sale of inherited real property without all heirs’ consent in North Carolina? Short Answer In North Carolina, a personal representative (executor/administrator) cannot sell inherited real estate without either (1) authority granted by the will that gives the representative title or a clear power of sale, or (2) an order from…
How do I enforce my right to documentation before any estate distributions or sales? – North Carolina Short Answer In North Carolina, heirs can ask the Clerk of Superior Court to force the personal representative to file the required 90‑day inventory and ongoing accountings before distributions or sales proceed. If the representative refuses, the clerk…
How can I refuse to sign a check for my parent’s estate when I haven’t seen any accounting? – North Carolina Short Answer Yes. In North Carolina, you do not have to sign distribution checks or closing paperwork until the personal representative files the required inventory and accounting with the Clerk of Superior Court. You…
What steps do I need to petition for guardianship over my cousin’s personal and financial affairs? – North Carolina Short Answer In North Carolina, you start by filing a verified petition for adjudication of incompetence and appointment of a guardian with the Clerk of Superior Court in the county where your cousin lives or is…
What happens to rent and mortgage responsibilities when a tenant vacates under a partition lawsuit? – North Carolina Short Answer In North Carolina, when a tenant leaves during a pending partition case, the rent stops, but the mortgage and other carrying costs remain the co-owners’ responsibility. The Clerk of Superior Court can enter interim orders—such…
Can I force the sale of our jointly owned property even if my co-owner is behind on the mortgage? – North Carolina Short Answer Yes. In North Carolina, any co-owner (tenant in common or joint tenant without survivorship) can file a partition case. If the land cannot be fairly divided, the Clerk of Superior Court…
Can we use a settlement agreement to outline sale terms and avoid court in a partition action? – North Carolina Short Answer Yes. In North Carolina, co-owners in a partition case can settle and ask the Clerk of Superior Court to enter a consent order that adopts their agreed sale terms. The court still must…
Do I have to return gifts or personal items claimed by my co-owner during a partition case? – North Carolina Short Answer In North Carolina, a partition case decides what to do with co-owned real estate; it does not decide who owns movable personal items. Fixtures generally stay with the property, but personal property (like…
How can I respond to a partition action filed by my co-owner? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding before the Clerk of Superior Court where any co-owner can ask to divide the property or sell it. You must file a written answer quickly—generally within 10 days…
