How do I challenge a purported executor or beneficiary who lacks legal appointment or documentation?: Practical steps under North Carolina probate procedure

How do I challenge a purported executor or beneficiary who lacks legal appointment or documentation? – North Carolina Short Answer In North Carolina, no one has authority to act for a decedent’s estate until the Clerk of Superior Court issues letters testamentary or letters of administration. If someone is holding themselves out as “executor” or…

What legal options do I have to recover proceeds if I was shortchanged in the sale of inherited property?: North Carolina

What legal options do I have to recover proceeds if I was shortchanged in the sale of inherited property? – North Carolina Short Answer In North Carolina, heirs and trust beneficiaries can demand a formal accounting, challenge improper sales, and seek court remedies against the fiduciary (trustee or personal representative). If duties were breached or…

What happens if my co-tenant paid all carrying costs but we didn’t sign an agreement on reimbursement?

What happens if my co-tenant paid all carrying costs but we didn’t sign an agreement on reimbursement? – North Carolina Short Answer In North Carolina partition cases, a co-tenant who paid necessary carrying costs (like property taxes, insurance, mortgage interest, and essential repairs) can usually ask the Clerk of Superior Court to credit those amounts…

How do we calculate and deduct carrying costs from each co-tenant’s share in a partition sale?: North Carolina

How do we calculate and deduct carrying costs from each co-tenant’s share in a partition sale? – North Carolina Short Answer In a North Carolina partition by sale, the Clerk of Superior Court can credit “carrying costs” (like property taxes, insurance, mortgage interest, and necessary repairs) to the co-tenant who advanced them, then proportionally charge…

Can a consent order resolve our dispute over carrying costs instead of holding another hearing?: North Carolina partition actions

Can a consent order resolve our dispute over carrying costs instead of holding another hearing? – North Carolina Short Answer Yes. In a North Carolina partition special proceeding, the Clerk of Superior Court can enter a consent order that resolves how carrying costs (like taxes, insurance, or mortgage interest paid to preserve the property) will…