How can I negotiate a settlement with co-owners before formally filing for partition and what should the request include?: North Carolina

How can I negotiate a settlement with co-owners before formally filing for partition and what should the request include? – North Carolina Short Answer In North Carolina, co-owners can often resolve a partition dispute with a written settlement proposal before filing a special proceeding. A strong request should identify all co-owners and interests, offer clear…

What factors do commissioners consider when valuing and dividing different parts of the land and structures?: answered for North Carolina

What factors do commissioners consider when valuing and dividing different parts of the land and structures? – North Carolina Short Answer In North Carolina, partition commissioners aim to create equal-value shares, not necessarily equal acreage. They consider location (like waterfront), access, topography, and existing improvements (such as a house or trailer). If perfect equality is…

How can I challenge an emergency guardianship petition filed without proper notice?: North Carolina guardianship law

How can I challenge an emergency guardianship petition filed without proper notice? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to pause the emergency (interim) guardianship and reschedule the hearing if you were not properly served. File a prompt written motion to continue for lack of service…

Can I stop APS from investigating if allegations are baseless and I haven’t been notified?: North Carolina guardianship

Can I stop APS from investigating if allegations are baseless and I haven’t been notified? – North Carolina Short Answer No. In North Carolina, once someone reports suspected abuse, neglect, or exploitation of a disabled adult, Adult Protective Services (APS) must evaluate the report. You and your parent may decline services unless a court orders…