What is involved in selling and dividing proceeds of estate land located in different counties? – North Carolina Short Answer In North Carolina, you sell estate real estate either under authority in the will (a power of sale) or through a special proceeding before the Clerk of Superior Court to raise money to pay estate…
Is it possible to appoint a professional or third-party administrator instead of a family member? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court may appoint a disinterested administrator (for example, the county public administrator or another qualified professional) when it serves the estate’s best interests. Although next of kin…
What steps can I take to protect the proceeds from my parent’s home sale from misuse by the administrator? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to (1) appoint a neutral fiduciary or a temporary collector, (2) require a meaningful bond and increase it when the…
How can I identify and inventory all bank and brokerage accounts my parent held before passing? – North Carolina Short Answer In North Carolina, the court-appointed personal representative (administrator or executor) is the one with legal authority to identify accounts and require banks and brokers to disclose information. Once appointed and issued Letters, the representative…
How can I contest my sibling’s appointment as estate administrator if I don’t trust them to handle the assets? – North Carolina Short Answer In North Carolina, you can file a verified petition with the Clerk of Superior Court to contest the issuance of letters of administration before they are issued. The clerk weighs statutory…
How do I properly initiate a quiet title action in superior court to clear my ownership? – North Carolina Short Answer In North Carolina, you start a quiet title case by filing a civil complaint in Superior Court in the county where the land sits, naming every person or lender claiming an interest, and asking…
What steps do I need to take to halt a partition sale initiated by a co-owner? – North Carolina Short Answer In North Carolina, you can halt a partition sale by promptly asking the Clerk of Superior Court to pause the sale and transfer the case to Superior Court if title is disputed, and by…
How can I challenge and remove a co-owner added to a deed through forgery? – North Carolina Short Answer In North Carolina, a forged deed is void and transfers no title. To remove a fraudulently added co-owner and stop a partition sale, promptly file a quiet title action in Superior Court, record a lis pendens,…
Can I recover carrying costs paid on the property and who must be named in that claim? – North Carolina Short Answer Yes. In North Carolina partition cases, a co-owner can seek contribution or a credit for necessary carrying costs—like property taxes, insurance, mortgage payments, and necessary repairs—paid to preserve the property. You typically assert…
What should I do to set up a new trust for my business investments if I can’t recover the old one? – North Carolina Short Answer In North Carolina, you can create a new trust now to manage your business investments, even if you cannot locate the old trust documents. At the same time, confirm…
