What is the process for enforcing or disputing an oral agreement about dividing the estate’s wrongful death proceeds? — North Carolina Short Answer In North Carolina, wrongful death proceeds are not estate assets and must be distributed by statute to the heirs who would take under intestate succession unless all competent adult takers sign a…
How do I get court approval to release estate funds when there’s a dispute about splitting the money? — North Carolina Short Answer In North Carolina, the personal representative can ask the Clerk of Superior Court for instructions or an order authorizing a partial or final distribution when heirs or beneficiaries disagree. You start an…
What is the process of selling a house in an estate facing foreclosure if the co-administrator refuses to sign? — North Carolina Short Answer In North Carolina, if a co-administrator will not sign to sell estate real estate, you can ask the Clerk of Superior Court to authorize the sale anyway. The personal representative files…
What steps should I take to get the realtor approved by everyone before marketing the property? — North Carolina Short Answer In North Carolina partition cases, the cleanest way to approve a realtor is to get all co-owners to sign a written consent or a consent court order that names the broker, commission, listing price/strategy,…
What type of assets must go through court administration and which pass directly to survivors? — North Carolina Short Answer In North Carolina, property titled only in the decedent’s name (like a sole‑owner bank account, vehicle, or personal investments without a beneficiary) generally must go through estate administration. Many assets pass directly to survivors without…
If they sell my parents’ home and pay off all debts, does any leftover money get distributed under my dad’s will? — North Carolina Short Answer Usually yes. In North Carolina, after a court-authorized or will-authorized sale of estate real estate, liens and allowed claims get paid first. The remaining net proceeds are then distributed…
How can I get my dad’s will filed in court when my step-sister refuses to submit the original? — North Carolina Short Answer In North Carolina, you can ask the clerk of superior court to order anyone holding the will to deliver it. If your step-sister won’t comply, the clerk can issue a summons and,…
What is the process for a partition action when one co-owner has been adjudicated incompetent and has a court-appointed guardian in North Carolina? Short Answer In North Carolina, a partition case is filed as a special proceeding in the county where the land sits. If a co-owner has been adjudicated incompetent, their court‑appointed guardian (of…
How do I start a partition action to divide or sell the real estate when the owners can’t agree? — North Carolina Short Answer In North Carolina, you start a partition case by filing a special proceeding with the Clerk of Superior Court in the county where the property sits, naming all co-owners as respondents.…
What steps do I need to take to buy out my siblings’ interests in our co-owned property so I can retain the home? — North Carolina Short Answer In North Carolina, you can buy out your siblings by agreement or, if they refuse, through a court-supervised partition proceeding. The simplest path is a voluntary buyout:…
