Can I contract with a timber service to cut trees on co-owned property without all heirs’ consent? – North Carolina Short Answer In North Carolina, a co-owner generally cannot unilaterally sell timber from commonly owned land for profit without the other co-owners’ consent. Doing so can be treated as waste and triggers a duty to…
What happens if I miss the 60-day deadline to apply for the hardship deferral? – North Carolina Short Answer In North Carolina, missing the 60-day window to request a Medicaid estate recovery hardship deferral usually means the Department of Health and Human Services (DHHS) can move forward to recover against the estate, including the home.…
How can I apply for a Medicaid residency hardship deferral to protect my father’s house? – North Carolina Short Answer In North Carolina, you request a Medicaid estate recovery hardship deferral directly from the N.C. Department of Health and Human Services (DHHS) after you receive their recovery notice. You typically must ask in writing within…
What steps are required to update the deed and title in my name? – North Carolina Short Answer In North Carolina, title to a home passes at death to heirs or devisees (if there’s a will), but you still need to clear the record. If there is a will, probate it and record certified copies…
How do I respond to a bond increase or creditor claims in my spouse’s estate? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can raise or lower the administrator’s bond when needed, but the bond is based on probate personal property—not the value of real estate—unless sale proceeds will come…
Can I establish a life estate or lifetime occupancy through probate administration? – North Carolina Short Answer Yes—but not by the administrator simply “granting” it. In North Carolina, a surviving spouse may secure lifetime occupancy by filing a statutory election for a life estate, including a special election in the marital dwelling if the spouse…
What steps do I need to clear up liens or tax issues on inherited property? – North Carolina Short Answer In North Carolina, you clear title issues on inherited real estate by opening or continuing the estate, publishing notice to creditors, identifying and classifying all liens and taxes, and then paying or resolving them in…
What rights does a surviving spouse have to remain in a home when adult children contest the estate? – North Carolina Short Answer In North Carolina, a surviving spouse can stay in the marital home by electing a statutory life estate in the home, if the decedent owned it at death and the spouse lived…
How can I transfer the title of a mobile home included in a partition sale? – North Carolina Short Answer In North Carolina, first confirm whether the mobile home’s DMV title was cancelled and “retired” to the land. If it was, it transfers with the real estate by the commissioner’s deed after the sale is…
What should I do if my payment or documents get lost before closing? – North Carolina Short Answer Act immediately. In a North Carolina partition sale, notify the commissioner and the Clerk of Superior Court at once, stop payment on any missing check, and arrange certified replacement funds or a wire. If the loss jeopardizes…
