Can I access or borrow against assets once they’re in my revocable trust? – North Carolina Short Answer Yes. In North Carolina, if you are the trustee of your own revocable living trust, you can access, manage, and use trust assets much like you did before funding the trust. A trustee may also borrow against…
Are there alternatives to partition if one owner objects to selling a financed vehicle? – North Carolina Short Answer Yes. In North Carolina, you can often resolve a co-owned, financed vehicle dispute without a partition case by working through the lender (payoff, refinance, or assumption), using a written buyout and title update, or seeking court…
Can I force the sale of a co-owned car under a partition action? – North Carolina Short Answer Yes. In North Carolina, a co-owner can file a partition proceeding asking the Clerk of Superior Court to order a sale of a co-owned vehicle when it cannot be fairly divided. Because a car can’t be split…
How can I challenge the executor selling my family member’s home and keeping the life estate proceeds? – North Carolina Short Answer In North Carolina, you can challenge a proposed or completed sale by asking the Clerk of Superior Court (Estates Division) to review the executor’s authority and the allocation of sale proceeds. An executor…
How can I end my liability on a co-owned financed vehicle when the other owner can’t make payments? – North Carolina Short Answer In North Carolina, you cannot remove your name from a financed vehicle without the lender’s consent. Your practical options are: (1) refinance or an assumption so the other owner (or a buyer)…
What steps are needed to file a partition petition for a shared vehicle? – North Carolina Short Answer In North Carolina, a co-owner can file a special proceeding for partition of personal property with the Clerk of Superior Court. Because a car cannot be divided, you typically request a sale in lieu of partition, have…
Can the surviving spouse acting as executor unilaterally sell a life estate property under the will? – North Carolina Short Answer Usually, no. In North Carolina, a life tenant can sell only the life estate, not the full property, and the executor does not gain power to sell fee simple unless the will clearly grants…
What evidence do I need to enforce the premarital agreement referenced in the will? – North Carolina Short Answer In North Carolina, you enforce a premarital agreement in an estate by proving its existence, authenticity, and enforceability. You typically need the signed written agreement (or a reliable copy), proof it was executed voluntarily with fair…
How do I pause distributions if I believe the executor is misallocating sale proceeds? – North Carolina Short Answer In North Carolina, an interested beneficiary can ask the Clerk of Superior Court to temporarily stop estate distributions by filing an estate proceeding that seeks an injunction and an order compelling the executor to account. The…
Can I update my estate plan if I acquire new assets? – North Carolina Short Answer Yes. In North Carolina, you can and should update your estate plan when you acquire new assets. Update your will (or create a codicil), amend your revocable trust if you use one, and adjust beneficiary designations or titles so…
