How can I enforce the bill assignment on my parent’s life insurance policy to get the funeral home paid? – North Carolina Short Answer In North Carolina, a valid assignment of life insurance proceeds to a funeral home can be enforced against the insurer and/or the person who was wrongly paid. If the insurer paid…
What legal grounds do I have to demand the insurer reverse the wrongful payment and follow the beneficiary designation? – North Carolina Short Answer Under North Carolina law, named life insurance beneficiaries can enforce the policy as a contract and demand payment according to the beneficiary designation. If the insurer paid the wrong person, you…
Can I recover the out-of-pocket funeral expenses from the insurance company after they failed to honor the assignment? – North Carolina Short Answer In North Carolina, funeral costs are primarily an obligation of the estate, and the person who arranged the funeral can seek reimbursement from the estate if the claim is timely. If the…
How does mediation or a court decide on a fair division when one co-owner lived in the property for years? – North Carolina Short Answer In North Carolina, a mediator or the court starts with each co-owner’s title share, then adjusts for “accounting” items. The occupying co-owner can receive credits for necessary carrying costs (taxes,…
What steps do I need to take to file a partition action for inherited property co-owned with my spouse and sibling? – North Carolina Short Answer In North Carolina, any co-owner may file a special proceeding for partition in the county where the land sits. You ask the Clerk of Superior Court to either divide…
How can I block disbursement of sale proceeds until our inheritance dispute is settled? – North Carolina Short Answer In North Carolina, you can keep sale proceeds from being paid out by filing a partition action (or related civil action) and asking the court to require the funds be deposited with the Clerk of Superior…
Can I place a lien or require escrow on sale funds pending a fair split of property proceeds? – North Carolina Short Answer In North Carolina, you generally cannot unilaterally place a lien on sale proceeds, but you can secure the funds through the court. File a partition action and ask the Clerk of Superior…
How do I decide between a survey and a quiet title action to resolve a title discrepancy? – North Carolina Short Answer In North Carolina, use a licensed land survey when the problem is about where the lines are on the ground. Use a quiet title lawsuit when the problem is who owns the land…
What happens if a survey doesn’t confirm true property boundaries—do I still need a quiet title action? – North Carolina Short Answer In North Carolina, a survey is evidence—it does not, by itself, fix title problems or legally set a boundary. If the dispute is only about where the line sits between two known tracts,…
What steps are involved in filing a quiet title action to clear a cloud on my property title? – North Carolina Short Answer In North Carolina, you file a civil quiet title lawsuit in Superior Court in the county where the land lies, name everyone who might claim an interest, and ask the court to…
